{"id":"C2010A00139","name":"Territories Law Reform Act 2010","slug":"territories-law-reform-act-2010","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"139 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":43743,"registerId":"commonwealth-C2010A00139-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Territories Law Reform Act 2010.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2010

2. Schedule 1, Part 1

The day after this Act receives the Royal Assent.

11 December 2010

3. Schedule 1, Part 2

The start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent.

The Minister must announce by notice in the Gazette the time of the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent.

The notice is not a legislative instrument.

4. Schedule 1, Part 3

The day after this Act receives the Royal Assent.

11 December 2010

5. Schedule 1, Part 4

1 January 2011.

1 January 2011

6. Schedule 1, items 155 to 175

1 January 2011.

1 January 2011

7. Schedule 1, items 176 to 182

Immediately after the commencement of item 3 of Schedule 2 to the Freedom of Information Amendment (Reform) Act 2010.

1 May 2011

8. Schedule 1, items 183 to 239

1 January 2011.

1 January 2011

9. Schedule 1, Part 6

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

10. Schedule 1, Part 7

1 January 2011.

1 January 2011

11. Schedules 2 and 3

The day after this Act receives the Royal Assent.

11 December 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":2},{"sectionNumber":"9","sectionType":"section","heading":"Deputies of Administrator","content":"#### 9 Deputies of Administrator\n\n (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies.\n (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.\n\n20 Subsection 10(2)\n\nOmit “The Deputy Administrator”, substitute “A deputy of the Administrator”.\n\n21 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Executive Council consists of:\n (a) the Chief Minister; and\n (b) such other Ministers as are appointed by the Administrator under section 13.\n\n22 Subsection 11(8)\n\nRepeal the subsection.\n\n23 Sections 12, 13 and 14\n\nRepeal the sections, substitute:","sortOrder":3},{"sectionNumber":"12","sectionType":"section","heading":"Ministers","content":"#### 12 Ministers\n\n (1) There is to be:\n (a) a Chief Minister of the Territory; and\n (b) at least one, and not more than 3, other Ministers of the Territory.\n (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3.\n (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed.\n (4) For the purposes of subsection (3), a person who:\n (a) is an APS employee; or\n (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or\n (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply;\n is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.","sortOrder":4},{"sectionNumber":"12A","sectionType":"section","heading":"Nomination of Chief Minister","content":"#### 12A Nomination of Chief Minister\n\n (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister.\n (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then:\n (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or\n (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister.\n (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister.\n (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister.\n (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.","sortOrder":5},{"sectionNumber":"13","sectionType":"section","heading":"Appointment of Ministers","content":"#### 13 Appointment of Ministers\n\n (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister.\n (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.\n\n> Note: The maximum number of other Ministers is 3—see subsection 12(1).\n\n (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time.\n (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.","sortOrder":6},{"sectionNumber":"14","sectionType":"section","heading":"Termination","content":"#### 14 Termination\n\n Chief Minister\n (1) A person ceases to hold office as the Chief Minister when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) the Legislative Assembly passes a resolution of no confidence in him or her; or\n (e) a notice about a general election is published under subsection 39AB(1); or\n (f) the Legislative Assembly is dissolved under section 39AC; or\n (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect;\n whichever first happens.\n Other Ministers\n (2) A person ceases to hold office as a Minister (other than the Chief Minister) when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) a notice about a general election is published under subsection 39AB(1); or\n (e) the Legislative Assembly is dissolved under section 39AC; or\n (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect;\n whichever first happens.","sortOrder":7},{"sectionNumber":"14A","sectionType":"section","heading":"Dismissal of Ministers","content":"#### 14A Dismissal of Ministers\n\n (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing.\n (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.\n\n24 Subsection 15(2)\n\nOmit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.\n\nNote: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.\n\n25 Subsection 15(3)\n\nOmit “does not hold executive office”, substitute “is not a Minister”.\n\n26 At the end of Part III\n\nAdd:","sortOrder":8},{"sectionNumber":"15A","sectionType":"section","heading":"Ministerial portfolios","content":"#### 15A Ministerial portfolios\n\n (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister.\n (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister.\n (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.\n\n27 After subsection 21(1)\n\nInsert:\n\n (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.\n\n28 At the end of paragraph 21(2)(a)\n\nAdd:\n\n (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or\n\n29 Subsection 21(5)\n\nOmit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.\n\n30 Subsection 21(6)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n31 Subsection 22(3)\n\nOmit “21(2)”, substitute “21(1A) or (2)”.\n\n32 At the end of Division 2 of Part IV\n\nAdd:","sortOrder":9},{"sectionNumber":"26A","sectionType":"section","heading":"Responsible Commonwealth Minister may introduce proposed law","content":"#### 26A Responsible Commonwealth Minister may introduce proposed law\n\n The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.\n\n33 At the end of paragraph 27(1)(a)\n\nAdd “and”.\n\n34 Paragraph 27(1)(b)\n\nOmit “and”.\n\n35 Paragraph 27(1)(c)\n\nRepeal the paragraph.\n\n36 Subsection 27(4)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n37 Subsection 28A(1)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n38 After subsection 35(1)\n\nInsert:\n\n (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.\n\n39 At the end of Division 1 of Part V\n\nAdd:","sortOrder":10},{"sectionNumber":"39AA","sectionType":"section","heading":"Dismissal of members of the Legislative Assembly","content":"#### 39AA Dismissal of members of the Legislative Assembly\n\n The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:\n (a) seriously unlawful conduct; or\n (b) grossly improper conduct.","sortOrder":11},{"sectionNumber":"39AB","sectionType":"section","heading":"Resolution of no confidence in the Chief Minister","content":"#### 39AB Resolution of no confidence in the Chief Minister\n\n (1) If:\n (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and\n (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and\n (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;\n a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.\n (3) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (5) During the period:\n (a) beginning when the notice is published under subsection (1); and\n (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.\n (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.\n (8) A notice under subsection (1) or (4) is not a legislative instrument.\n (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.","sortOrder":12},{"sectionNumber":"39AC","sectionType":"section","heading":"Dissolution of Legislative Assembly by the Governor‑General","content":"#### 39AC Dissolution of Legislative Assembly by the Governor‑General\n\n (1) If, in the opinion of the Governor‑General, the Legislative Assembly:\n (a) is incapable of effectively performing its functions; or\n (b) is conducting its affairs in a grossly improper manner;\n the Governor‑General may dissolve the Legislative Assembly.\n (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution.\n (4) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (6) During the period:\n (a) beginning when the Legislative Assembly is dissolved; and\n (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution;\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (7) The powers of the Governor‑General under this section are to be exercised by Proclamation.\n (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be:\n (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and\n (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution.\n (9) A notice under subsection (2) or (5) is not a legislative instrument.\n (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n40 At the end of section 42\n\nAdd:\n\n (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.\n\n41 After section 42\n\nInsert:","sortOrder":13},{"sectionNumber":"42A","sectionType":"section","heading":"Resolution of no confidence in the Chief Minister","content":"#### 42A Resolution of no confidence in the Chief Minister\n\n (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless:\n (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and\n (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and\n (c) the resolution is passed by at least the number of members necessary to be a quorum; and\n (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly.\n (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.\n\n42 Section 49\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n43 Subsection 50(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n44 Subsection 50A(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n45 Subsection 50A(2)\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n46 Subsection 50D(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\nNote: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.\n\n47 Subsection 50D(1)\n\nOmit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.\n\n48 Subsection 50D(2)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n49 Subsection 53(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n50 After section 61\n\nInsert:","sortOrder":14},{"sectionNumber":"61A","sectionType":"section","heading":"Norfolk Island Public Service Values","content":"#### 61A Norfolk Island Public Service Values\n\n (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.\n (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.\n\n51 Section 62\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n52 Subsection 65(4)\n\nOmit “executive member”, substitute “Minister”.\n\n53 Subsection 67(2)\n\nOmit all the words after “or 3,”, substitute:\n\n but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:\n (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and\n (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).\n\n54 Item 42 of Schedule 2\n\nOmit “executive members”, substitute “Ministers”.\n\n55 Schedule 6\n\nOmit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.\n\n56 Transitional—Chief Minister\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n57 Transitional—other Ministers\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was not designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n58 Transitional—maximum number of Ministers\n\n(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.\n\n(2) During the period:\n\n (a) beginning at the commencement of this item; and\n (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;\n\nthe following provisions of the Norfolk Island Act 1979 as amended by this Division:\n\n (c) paragraph 12(1)(b);\n (d) the note at the end of subsection 13(2);\n\nhave effect as if each reference in those provisions to 3 were a reference to the transitional number.\n\n59 Application of amendments—nomination of Chief Minister\n\nSubsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.\n\n60 Application of amendments—presentation of proposed laws\n\nThe amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.\n\nDivision 2—Consequential amendments\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n61 Subsection 13(1) (definition of Minister)\n\nRepeal the definition.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n62 Subsection 393(3)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n63 Subsection 393(3)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\n64 Subsection 398(2)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n65 Subsection 398(2)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\nFreedom of Information Act 1982\n\n66 Subparagraph 4(3)(a)(iii)\n\nOmit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n67 Subsection 42(4)\n\nRepeal the subsection.\n\nHistoric Shipwrecks Act 1976\n\n68 Paragraph 4A(12)(c)\n\nOmit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\nInternational Criminal Court Act 2002\n\n69 Section 4 (paragraph (d) of the definition of State Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n70 Section 4 (definition of State Minister)\n\nOmit “or executive member” (wherever occurring).\n\n71 Section 4 (definition of State Minister)\n\nOmit “or executive member’s”.\n\nInternational Transfer of Prisoners Act 1997\n\n72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n73 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member” (wherever occurring).\n\n74 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member’s”.\n\nNational Health Security Act 2007\n\n75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)\n\nRepeal the paragraph, substitute:\n\n (d) the Minister of Norfolk Island;\n\nPrivacy Act 1988\n\n76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)\n\nRepeal the subparagraphs.\n\nRemuneration Tribunal Act 1973\n\n77 Paragraph 3(4)(jaa)\n\nOmit “executive member”, substitute “Minister”.\n\n \n\nPart 2—Amendments relating to elections\n\nDivision 1—Dates for elections\n\nNorfolk Island Act 1979\n\n78 Subsection 35(2)\n\nOmit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.\n\n79 At the end of section 35\n\nAdd:\n\n (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.\n\nDivision 2—Other matters\n\nNorfolk Island Act 1979\n\n80 Subsection 31(3)\n\nAfter “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.\n\n81 At the end of section 31\n\nAdd:\n\n (4) The regulations may make provision for or in relation to the following matters:\n (a) the method of balloting;\n (b) the manner in which voters are to indicate their votes;\n (c) the manner in which voters’ votes are to be used to obtain a result for an election;\n (d) matters incidental or ancillary to the above matters.\n (5) The regulations may make provision for or in relation to the following matters:\n (a) the filling of casual vacancies in the offices of members of the Legislative Assembly;\n (b) matters incidental or ancillary to the above matter.\n\n82 Section 37\n\nRepeal the section.\n\n83 Before section 38\n\nInsert:","sortOrder":15},{"sectionNumber":"37A","sectionType":"section","heading":"Arrangements with the Australian Electoral Commission","content":"#### 37A Arrangements with the Australian Electoral Commission\n\n The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:\n (a) general elections of members of the Legislative Assembly; and\n (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.\n\n84 Application of amendments\n\n(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.\n\n(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.\n\n \n\nPart 3—Amendments relating to finance\n\nNorfolk Island Act 1979\n\n85 Subsection 4(1) (definition of accounts of the Territory)\n\nRepeal the definition.\n\n86 Subsection 4(1) (definition of Auditor)\n\nRepeal the definition.\n\n87 Subsection 4(1)\n\nInsert:\n\n> Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.\n\n88 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister’s Orders means Orders made under section 48T.\n\n89 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.\n\n90 Subsection 4(1)\n\nInsert:\n\n> Federal Court means the Federal Court of Australia.\n\n91 Subsection 4(1)\n\nInsert:\n\n> financial management and accountability provisions means:\n\n (a) the provisions of Divisions 2, 3 and 4 of Part VI; or\n (b) regulations made for the purposes of a provision of Division 2 of Part VI; or\n (c) the Commonwealth Finance Minister’s Orders.\n\n92 Subsection 4(1)\n\nInsert:\n\n> money of a Territory authority means:\n\n (a) money in the custody or under the control of a Territory authority; or\n (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n93 Subsection 4(1)\n\nInsert:\n\n> performance audit has the same meaning as in the Auditor‑General Act 1997.\n\n94 Subsection 4(1)\n\nInsert:\n\n> property of a Territory authority means:\n\n (a) property in the custody or under the control of a Territory authority; or\n (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n95 Subsection 4(1)\n\nInsert:\n\n> Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).\n\n96 Subsection 4(1)\n\nInsert:\n\n> public money of the Territory means:\n\n (a) money in the custody or under the control of the Administration; or\n (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.\n\n97 Subsection 4(1) (definition of public moneys of the Territory)\n\nRepeal the definition.\n\n98 Subsection 4(1)\n\nInsert:\n\n> public property of the Territory means:\n\n (a) property in the custody or under the control of the Administration; or\n (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.\n\n99 Subsection 4(1)\n\nInsert:\n\n> responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.\n\n100 Subsection 4(1)\n\nInsert:\n\n> Territory authority means:\n\n (a) a body corporate established for a public purpose by or under an enactment; or\n (b) a body, entity, organisation or group of persons specified in the regulations; or\n (c) a body corporate in which:\n (i) the Administration; or\n (ii) a body corporate referred to in paragraph (a); or\n (iii) a body, entity, organisation or group of persons referred to in paragraph (b);\n has a controlling interest.\n For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.\n\n101 Section 25\n\nOmit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.\n\nNote: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.\n\n102 At the end of section 25\n\nAdd:\n\n> Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).\n\n103 Paragraph 27(3)(a)\n\nOmit “moneys”, substitute “money”.\n\n104 Section 46\n\nRepeal the section.\n\n105 Before section 47\n\nInsert:","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Public Account of Norfolk Island","content":"### Division 1—Public Account of Norfolk Island\n\n106 Subsections 47(1) and (2)\n\nOmit “public moneys”, substitute “public money”.\n\n107 Subsection 47(4)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n108 Subsection 47(4)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n109 Subsection 47(4)\n\nOmit “those moneys”, substitute “that money”.\n\n110 Subsection 47(5)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n111 Subsection 47(5)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n112 Subsection 47(5)\n\nOmit “those moneys”, substitute “that money”.\n\n113 Subsection 48(1)\n\nOmit “moneys”, substitute “money”.\n\n114 Subsection 48(1)\n\nAfter “by”, insert “an appropriation made by”.\n\n115 At the end of subsection 48(1)\n\nAdd:\n\n> Note: See also section 25 (proposal of money Bills).\n\n116 Subsection 48(2)\n\nOmit “moneys”, substitute “money”.\n\n117 After section 48\n\nInsert:","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Financial management and accountability","content":"Schedule 1—Amendments relating to Norfolk Island\n\nPart 1—General amendments\n\nDivision 1—Amendment of the Norfolk Island Act 1979\n\nNorfolk Island Act 1979\n\n1 Subsection 4(1)\n\nInsert:\n\n> Chief Minister means the Chief Minister appointed under section 13.\n\n2 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997.\n\n3 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n4 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n5 Subsection 4(1) (definition of executive member)\n\nRepeal the definition.\n\n6 Subsection 4(1) (definition of executive office)\n\nRepeal the definition.\n\n7 Subsection 4(1) (definition of Finance Minister)\n\nRepeal the definition.\n\n8 Subsection 4(1)\n\nInsert:\n\n> Minister means:\n\n (a) the Chief Minister; or\n (b) a Minister appointed under section 13.\n\n9 Subsection 4(1)\n\nInsert:\n\n> Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island.\n\n10 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).\n\n11 Subsection 4(1)\n\nInsert:\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n12 Paragraph 7(1)(e)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n13 Subsection 7(2)\n\nOmit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.\n\n14 Subsection 7(2)\n\nOmit “that paragraph”, substitute “paragraph (1)(a) or (b)”.\n\n15 Subsection 7(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n16 Subsection 7(3)\n\nOmit “Minister” (first occurring), substitute “responsible Commonwealth Minister”.\n\n17 Subsection 7(3)\n\nOmit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.\n\n18 Subsection 7(3)\n\nOmit “Minister” (second occurring), substitute “responsible Commonwealth Minister”.\n\n19 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Deputies of Administrator\n\n (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies.\n (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.\n\n20 Subsection 10(2)\n\nOmit “The Deputy Administrator”, substitute “A deputy of the Administrator”.\n\n21 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Executive Council consists of:\n (a) the Chief Minister; and\n (b) such other Ministers as are appointed by the Administrator under section 13.\n\n22 Subsection 11(8)\n\nRepeal the subsection.\n\n23 Sections 12, 13 and 14\n\nRepeal the sections, substitute:\n\n#### 12 Ministers\n\n (1) There is to be:\n (a) a Chief Minister of the Territory; and\n (b) at least one, and not more than 3, other Ministers of the Territory.\n (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3.\n (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed.\n (4) For the purposes of subsection (3), a person who:\n (a) is an APS employee; or\n (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or\n (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply;\n is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.\n\n#### 12A Nomination of Chief Minister\n\n (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister.\n (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then:\n (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or\n (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister.\n (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister.\n (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister.\n (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.\n\n#### 13 Appointment of Ministers\n\n (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister.\n (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.\n\n> Note: The maximum number of other Ministers is 3—see subsection 12(1).\n\n (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time.\n (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.\n\n#### 14 Termination\n\n Chief Minister\n (1) A person ceases to hold office as the Chief Minister when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) the Legislative Assembly passes a resolution of no confidence in him or her; or\n (e) a notice about a general election is published under subsection 39AB(1); or\n (f) the Legislative Assembly is dissolved under section 39AC; or\n (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect;\n whichever first happens.\n Other Ministers\n (2) A person ceases to hold office as a Minister (other than the Chief Minister) when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) a notice about a general election is published under subsection 39AB(1); or\n (e) the Legislative Assembly is dissolved under section 39AC; or\n (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect;\n whichever first happens.\n\n#### 14A Dismissal of Ministers\n\n (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing.\n (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.\n\n24 Subsection 15(2)\n\nOmit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.\n\nNote: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.\n\n25 Subsection 15(3)\n\nOmit “does not hold executive office”, substitute “is not a Minister”.\n\n26 At the end of Part III\n\nAdd:\n\n#### 15A Ministerial portfolios\n\n (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister.\n (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister.\n (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.\n\n27 After subsection 21(1)\n\nInsert:\n\n (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.\n\n28 At the end of paragraph 21(2)(a)\n\nAdd:\n\n (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or\n\n29 Subsection 21(5)\n\nOmit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.\n\n30 Subsection 21(6)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n31 Subsection 22(3)\n\nOmit “21(2)”, substitute “21(1A) or (2)”.\n\n32 At the end of Division 2 of Part IV\n\nAdd:\n\n#### 26A Responsible Commonwealth Minister may introduce proposed law\n\n The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.\n\n33 At the end of paragraph 27(1)(a)\n\nAdd “and”.\n\n34 Paragraph 27(1)(b)\n\nOmit “and”.\n\n35 Paragraph 27(1)(c)\n\nRepeal the paragraph.\n\n36 Subsection 27(4)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n37 Subsection 28A(1)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n38 After subsection 35(1)\n\nInsert:\n\n (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.\n\n39 At the end of Division 1 of Part V\n\nAdd:\n\n#### 39AA Dismissal of members of the Legislative Assembly\n\n The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:\n (a) seriously unlawful conduct; or\n (b) grossly improper conduct.\n\n#### 39AB Resolution of no confidence in the Chief Minister\n\n (1) If:\n (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and\n (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and\n (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;\n a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.\n (3) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (5) During the period:\n (a) beginning when the notice is published under subsection (1); and\n (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.\n (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.\n (8) A notice under subsection (1) or (4) is not a legislative instrument.\n (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n#### 39AC Dissolution of Legislative Assembly by the Governor‑General\n\n (1) If, in the opinion of the Governor‑General, the Legislative Assembly:\n (a) is incapable of effectively performing its functions; or\n (b) is conducting its affairs in a grossly improper manner;\n the Governor‑General may dissolve the Legislative Assembly.\n (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution.\n (4) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (6) During the period:\n (a) beginning when the Legislative Assembly is dissolved; and\n (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution;\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (7) The powers of the Governor‑General under this section are to be exercised by Proclamation.\n (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be:\n (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and\n (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution.\n (9) A notice under subsection (2) or (5) is not a legislative instrument.\n (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n40 At the end of section 42\n\nAdd:\n\n (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.\n\n41 After section 42\n\nInsert:\n\n#### 42A Resolution of no confidence in the Chief Minister\n\n (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless:\n (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and\n (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and\n (c) the resolution is passed by at least the number of members necessary to be a quorum; and\n (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly.\n (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.\n\n42 Section 49\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n43 Subsection 50(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n44 Subsection 50A(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n45 Subsection 50A(2)\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n46 Subsection 50D(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\nNote: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.\n\n47 Subsection 50D(1)\n\nOmit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.\n\n48 Subsection 50D(2)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n49 Subsection 53(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n50 After section 61\n\nInsert:\n\n#### 61A Norfolk Island Public Service Values\n\n (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.\n (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.\n\n51 Section 62\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n52 Subsection 65(4)\n\nOmit “executive member”, substitute “Minister”.\n\n53 Subsection 67(2)\n\nOmit all the words after “or 3,”, substitute:\n\n but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:\n (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and\n (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).\n\n54 Item 42 of Schedule 2\n\nOmit “executive members”, substitute “Ministers”.\n\n55 Schedule 6\n\nOmit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.\n\n56 Transitional—Chief Minister\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n57 Transitional—other Ministers\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was not designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n58 Transitional—maximum number of Ministers\n\n(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.\n\n(2) During the period:\n\n (a) beginning at the commencement of this item; and\n (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;\n\nthe following provisions of the Norfolk Island Act 1979 as amended by this Division:\n\n (c) paragraph 12(1)(b);\n (d) the note at the end of subsection 13(2);\n\nhave effect as if each reference in those provisions to 3 were a reference to the transitional number.\n\n59 Application of amendments—nomination of Chief Minister\n\nSubsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.\n\n60 Application of amendments—presentation of proposed laws\n\nThe amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.\n\nDivision 2—Consequential amendments\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n61 Subsection 13(1) (definition of Minister)\n\nRepeal the definition.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n62 Subsection 393(3)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n63 Subsection 393(3)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\n64 Subsection 398(2)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n65 Subsection 398(2)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\nFreedom of Information Act 1982\n\n66 Subparagraph 4(3)(a)(iii)\n\nOmit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n67 Subsection 42(4)\n\nRepeal the subsection.\n\nHistoric Shipwrecks Act 1976\n\n68 Paragraph 4A(12)(c)\n\nOmit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\nInternational Criminal Court Act 2002\n\n69 Section 4 (paragraph (d) of the definition of State Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n70 Section 4 (definition of State Minister)\n\nOmit “or executive member” (wherever occurring).\n\n71 Section 4 (definition of State Minister)\n\nOmit “or executive member’s”.\n\nInternational Transfer of Prisoners Act 1997\n\n72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n73 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member” (wherever occurring).\n\n74 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member’s”.\n\nNational Health Security Act 2007\n\n75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)\n\nRepeal the paragraph, substitute:\n\n (d) the Minister of Norfolk Island;\n\nPrivacy Act 1988\n\n76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)\n\nRepeal the subparagraphs.\n\nRemuneration Tribunal Act 1973\n\n77 Paragraph 3(4)(jaa)\n\nOmit “executive member”, substitute “Minister”.\n\n \n\nPart 2—Amendments relating to elections\n\nDivision 1—Dates for elections\n\nNorfolk Island Act 1979\n\n78 Subsection 35(2)\n\nOmit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.\n\n79 At the end of section 35\n\nAdd:\n\n (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.\n\nDivision 2—Other matters\n\nNorfolk Island Act 1979\n\n80 Subsection 31(3)\n\nAfter “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.\n\n81 At the end of section 31\n\nAdd:\n\n (4) The regulations may make provision for or in relation to the following matters:\n (a) the method of balloting;\n (b) the manner in which voters are to indicate their votes;\n (c) the manner in which voters’ votes are to be used to obtain a result for an election;\n (d) matters incidental or ancillary to the above matters.\n (5) The regulations may make provision for or in relation to the following matters:\n (a) the filling of casual vacancies in the offices of members of the Legislative Assembly;\n (b) matters incidental or ancillary to the above matter.\n\n82 Section 37\n\nRepeal the section.\n\n83 Before section 38\n\nInsert:\n\n#### 37A Arrangements with the Australian Electoral Commission\n\n The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:\n (a) general elections of members of the Legislative Assembly; and\n (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.\n\n84 Application of amendments\n\n(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.\n\n(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.\n\n \n\nPart 3—Amendments relating to finance\n\nNorfolk Island Act 1979\n\n85 Subsection 4(1) (definition of accounts of the Territory)\n\nRepeal the definition.\n\n86 Subsection 4(1) (definition of Auditor)\n\nRepeal the definition.\n\n87 Subsection 4(1)\n\nInsert:\n\n> Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.\n\n88 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister’s Orders means Orders made under section 48T.\n\n89 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.\n\n90 Subsection 4(1)\n\nInsert:\n\n> Federal Court means the Federal Court of Australia.\n\n91 Subsection 4(1)\n\nInsert:\n\n> financial management and accountability provisions means:\n\n (a) the provisions of Divisions 2, 3 and 4 of Part VI; or\n (b) regulations made for the purposes of a provision of Division 2 of Part VI; or\n (c) the Commonwealth Finance Minister’s Orders.\n\n92 Subsection 4(1)\n\nInsert:\n\n> money of a Territory authority means:\n\n (a) money in the custody or under the control of a Territory authority; or\n (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n93 Subsection 4(1)\n\nInsert:\n\n> performance audit has the same meaning as in the Auditor‑General Act 1997.\n\n94 Subsection 4(1)\n\nInsert:\n\n> property of a Territory authority means:\n\n (a) property in the custody or under the control of a Territory authority; or\n (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n95 Subsection 4(1)\n\nInsert:\n\n> Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).\n\n96 Subsection 4(1)\n\nInsert:\n\n> public money of the Territory means:\n\n (a) money in the custody or under the control of the Administration; or\n (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.\n\n97 Subsection 4(1) (definition of public moneys of the Territory)\n\nRepeal the definition.\n\n98 Subsection 4(1)\n\nInsert:\n\n> public property of the Territory means:\n\n (a) property in the custody or under the control of the Administration; or\n (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.\n\n99 Subsection 4(1)\n\nInsert:\n\n> responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.\n\n100 Subsection 4(1)\n\nInsert:\n\n> Territory authority means:\n\n (a) a body corporate established for a public purpose by or under an enactment; or\n (b) a body, entity, organisation or group of persons specified in the regulations; or\n (c) a body corporate in which:\n (i) the Administration; or\n (ii) a body corporate referred to in paragraph (a); or\n (iii) a body, entity, organisation or group of persons referred to in paragraph (b);\n has a controlling interest.\n For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.\n\n101 Section 25\n\nOmit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.\n\nNote: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.\n\n102 At the end of section 25\n\nAdd:\n\n> Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).\n\n103 Paragraph 27(3)(a)\n\nOmit “moneys”, substitute “money”.\n\n104 Section 46\n\nRepeal the section.\n\n105 Before section 47\n\nInsert:\n\n### Division 1—Public Account of Norfolk Island\n\n106 Subsections 47(1) and (2)\n\nOmit “public moneys”, substitute “public money”.\n\n107 Subsection 47(4)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n108 Subsection 47(4)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n109 Subsection 47(4)\n\nOmit “those moneys”, substitute “that money”.\n\n110 Subsection 47(5)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n111 Subsection 47(5)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n112 Subsection 47(5)\n\nOmit “those moneys”, substitute “that money”.\n\n113 Subsection 48(1)\n\nOmit “moneys”, substitute “money”.\n\n114 Subsection 48(1)\n\nAfter “by”, insert “an appropriation made by”.\n\n115 At the end of subsection 48(1)\n\nAdd:\n\n> Note: See also section 25 (proposal of money Bills).\n\n116 Subsection 48(2)\n\nOmit “moneys”, substitute “money”.\n\n117 After section 48\n\nInsert:\n\n### Division 2—Financial management and accountability\n\n#### 48A Preparation of annual budgets by the Minister for Finance\n\n (1) The Minister for Finance must prepare annual budgets in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) Annual budgets must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) Annual budgets must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared.\n (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared.\n (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister.\n\n#### 48B Preparation of annual financial statements by the Minister for Finance\n\n (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared.\n (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period.\n\n#### 48C Audit of annual financial statements\n\n (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.\n (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.\n (3) The Auditor‑General must give a copy of each report to:\n (a) the Minister for Finance; and\n (b) the responsible Commonwealth Minister; and\n (c) the Administrator.\n (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.\n (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:\n (a) a copy of the report; and\n (b) a copy of the annual financial statements to which the report relates;\n to be tabled in each House of the Parliament.\n\n#### 48D Audit fees for statement audits\n\n (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.\n (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.\n (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned.\n (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n#### 48E Performance audits\n\n (1) The Auditor‑General may at any time conduct a performance audit of:\n (a) the Administration; or\n (b) a Territory authority.\n (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:\n (a) cause a copy of the report to be tabled in each House of the Parliament; and\n (b) give a copy of the report to:\n (i) the Minister for Finance; and\n (ii) the responsible Commonwealth Minister; and\n (iii) the Administrator; and\n (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and\n (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.\n (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly.\n\n#### 48F Comments on proposed performance audit report\n\n (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.\n (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.\n (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.\n (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).\n\n#### 48G Audits—application of the Auditor‑General Act 1997\n\n (1) The Auditor‑General Act 1997 extends to Norfolk Island.\n (2) The Auditor‑General Act 1997 has effect as if:\n (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and\n (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and\n (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and\n (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and\n (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and\n (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority.\n (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:\n (a) the Administration; or\n (b) a Territory authority;\n as if:\n (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and\n (d) a reference in that section to the Cabinet included a reference to a body that:\n (i) consists of Ministers of Norfolk Island; and\n (ii) corresponds to the Cabinet; and\n (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and\n (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and\n (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and\n (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and\n (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and\n (j) a reference in that section to a responsible Minister were a reference to both:\n (i) a Minister of Norfolk Island; and\n (ii) the responsible Commonwealth Minister.\n\n#### 48H Preparation of periodic financial statements by the Minister for Finance\n\n (1) The Minister for Finance must prepare periodic financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The statements must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared.\n (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared.\n (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister.\n\n#### 48J Preparation of annual report by Chief Executive Officer\n\n (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of:\n (a) the Administration; and\n (b) Territory authorities;\n during that year.\n (2) The report must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report.\n (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator.\n (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.\n\n#### 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:\n (a) section 48A; or\n (b) section 48B; or\n (c) section 48H; or\n (d) regulations made for the purposes of this Part; or\n (e) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48M Promoting efficient, effective and ethical use etc. of Administration resources\n\n (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.\n (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.\n (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48P Accounts and records of the Administration\n\n (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48Q Accounts and records of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48R Regulations about financial management and accountability—Administration\n\n (1) The regulations may make provision in relation to the following matters:\n (a) public money of the Territory;\n (b) public property of the Territory;\n (c) other resources of the Administration.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of public money of the Territory;\n (b) financial and accounting systems in relation to:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (c) the control and management of grants of public money of the Territory;\n (d) the control and management of public property of the Territory;\n (e) the procurement of property and services by the Administration;\n (f) the disposal of public property of the Territory;\n (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (b) proper accountability for the use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48S Regulations about financial management and accountability—Territory authorities\n\n (1) The regulations may make provision in relation to the following matters:\n (a) money of a Territory authority;\n (b) property of a Territory authority;\n (c) other resources of a Territory authority.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of money of a Territory authority;\n (b) financial and accounting systems in relation to:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (c) the control and management of grants of money of a Territory authority;\n (d) the control and management of property of a Territory authority;\n (e) the procurement of property and services by a Territory authority;\n (f) the disposal of property of a Territory authority;\n (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (b) proper accountability for the use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48T Commonwealth Finance Minister’s Orders\n\n (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:\n (a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and\n (b) on any matter on which regulations may be made for the purposes of:\n (i) subsection 48R(1); or\n (ii) subsection 48S(1).\n (2) An Order cannot create offences or impose penalties.\n (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.\n\n118 Before section 49\n\nInsert:\n\n### Division 3—Borrowing etc.\n\n119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G\n\nRepeal the sections, substitute:\n\n### Division 4—Commonwealth Ministers to be kept informed\n\n#### 51 Minister for Finance must keep responsible Commonwealth Minister informed\n\n (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51A Minister for Finance must keep Commonwealth Finance Minister informed\n\n (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n#### 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n### Division 5—Commonwealth Financial Officer for Norfolk Island\n\n#### 51D Commonwealth Financial Officer for Norfolk Island\n\n (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.\n (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:\n (a) be appointed by the Governor‑General; and\n (b) hold office during the pleasure of the Governor‑General.\n (3) The regulations may:\n (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:\n (i) the receipt or payment of money by the Administration or a Territory authority; or\n (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and\n (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.\n (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.\n (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.\n\n### Division 6—Injunctions\n\n#### 51E Injunctions—enforcement of financial management and accountability provisions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;\n the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.\n Grant of interim injunction\n (3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.\n No undertakings as to damages\n (4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.\n Discharge or variation of injunctions\n (5) The Federal Court may discharge or vary an injunction granted under this section.\n Certain limits on granting injunctions not to apply\n (6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n Other powers of the Federal Court unaffected\n (8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.\n\n120 Application—annual budgets\n\nSection 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n121 Application—annual financial statements\n\nSection 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n122 Application—periodic financial statements\n\nSection 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.\n\n123 Application—annual reports\n\nSection 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n124 Transitional—audit\n\nDespite the following repeals effected by this Part:\n\n (a) the repeal of the definition of accounts of the Territory in subsection 4(1);\n (b) the repeal of the definition of Auditor in subsection 4(1);\n (c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G;\n\nthe Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:\n\n (d) an inspection and audit under section 51C of the Norfolk Island Act 1979 that relates to:\n (i) the financial year that began on 1 July 2010; or\n (ii) an earlier financial year; and\n (e) a report on the inspection and audit;\n\nas if those repeals had not been effected.\n\n125 Transitional—pre‑commencement appropriation\n\nIf any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.\n\n \n\nPart 4—Amendments relating to the Administrative Appeals Tribunal\n\nAdministrative Appeals Tribunal Act 1975\n\n126 Subsection 3(1)\n\nInsert:\n\n> authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.\n\n127 Subsection 3(1) (paragraph (b) of the definition of enactment)\n\nOmit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.\n\n128 Subsection 3(1) (at the end of the definition of enactment)\n\nAdd:\n\n> Note: See also subsection 25(8) (Norfolk Island enactments).\n\n129 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n130 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n131 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n132 After subsection 25(1)\n\nInsert:\n\n (2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.\n\n133 Subsection 25(3)\n\nAfter “(1)”, insert “or (2)”.\n\n134 After subsection 25(5)\n\nInsert:\n\n (5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:\n (a) that Norfolk Island enactment; or\n (b) another Norfolk Island enactment having effect under that Norfolk Island enactment;\n as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.\n\n135 At the end of section 25\n\nAdd:\n\n Norfolk Island enactment\n (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:\n (a) the definition of authority of the Commonwealth in subsection 3(1); and\n (b) subsections (1), (5) and (6) of this section; and\n (c) subsection 21(1); and\n (d) subsection 27(1); and\n (e) paragraph 27A(2)(b); and\n (f) paragraph 33(1)(a); and\n (g) paragraph 43B(1)(a); and\n (h) section 59;\n has effect as if:\n (i) the primary Norfolk Island enactment; and\n (j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;\n were an enactment (within the meaning of this Act).\n\n136 Paragraph 26(1)(a)\n\nBefore “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.\n\n137 After paragraph 26(1)(a)\n\nInsert:\n\n (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or\n\n138 Subsection 27(1)\n\nAfter “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.\n\n139 At the end of subsection 27(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n140 Paragraph 27A(2)(a)\n\nAfter “25(5)”, insert “or (5A)”.\n\n141 Paragraph 29(1)(d)\n\nAfter “25(5)”, insert “or (5A)”.\n\n142 Subsection 29(3)\n\nAfter “25(5)” (wherever occurring), insert “or (5A)”.\n\n143 At the end of section 36B\n\nAdd:\n\n Norfolk Island\n (6) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n> State includes Norfolk Island.\n\n144 At the end of section 36C\n\nAdd:\n\n Norfolk Island\n (4) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n145 At the end of section 36D\n\nAdd:\n\n Norfolk Island\n (8) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n146 At the end of subsection 43B(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n147 Section 59\n\nBefore “If an enactment”, insert “(1)”.\n\n148 At the end of section 59\n\nAdd:\n\n (2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:\n (a) arising under a Norfolk Island enactment; and\n (b) referred to the Tribunal in accordance with the regulations;\n and, for the purpose of giving such an opinion, the Tribunal may hold such hearings and inform itself in such manner as it thinks appropriate.\n\n149 Subsection 66(4)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n150 Section 66A\n\nBefore “If:”, insert “(1)”.\n\n151 At the end of section 66A\n\nAdd:\n\n (2) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n152 Section 67A\n\nBefore “A notice”, insert “(1)”.\n\n153 Section 67A\n\nAfter “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.\n\n154 At the end of section 67A\n\nAdd:\n\n (2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).\n\n \n\nPart 5—Amendments relating to freedom of information\n\nFreedom of Information Act 1982\n\n155 Subsection 3(1)\n\nAfter “the Commonwealth”, insert “or the Government of Norfolk Island”.\n\n156 Subsection 4(1) (definition of agency)\n\nOmit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.\n\n157 Subsection 4(1)\n\nInsert:\n\n> Australia, when used in a geographical sense, includes Norfolk Island.\n\n158 Subsection 4(1) (definition of Cabinet)\n\nRepeal the definition, substitute:\n\n> Cabinet includes:\n\n (a) a committee of the Cabinet; and\n (b) a body that:\n (i) consists of Norfolk Island Ministers; and\n (ii) corresponds to the Cabinet.\n\n159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n161 Subsection 4(1)\n\nInsert:\n\n> Minister includes a Norfolk Island Minister.\n\n162 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island authority means:\n\n (a) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (b) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (c) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (d) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment.\n\n163 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n164 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n165 Subsection 4(1) (at the end of the definition of principal officer)\n\nAdd:\n\n ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.\n\n166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)\n\nAdd “or”.\n\n167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)\n\nInsert:\n\n (e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;\n\n168 After subsection 4(3)\n\nInsert:\n\n (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:\n (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and\n (b) the unincorporated body is taken to be comprised within that Norfolk Island authority.\n (3B) A person is not taken to be a Norfolk Island authority:\n (a) because he or she holds:\n (i) an office of member of the Legislative Assembly of Norfolk Island; or\n (ii) the office of Administrator of Norfolk Island; or\n (iii) an office of Deputy Administrator of Norfolk Island; or\n (iv) an office of Norfolk Island Minister; or\n (b) because he or she holds, or performs the duties of:\n (i) a prescribed office; or\n (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or\n (iii) an office of member of a Norfolk Island authority; or\n (iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.\n\n169 After section 4A\n\nInsert:\n\n#### 4B Extension to Norfolk Island\n\n This Act extends to Norfolk Island.\n\n170 Section 5\n\nBefore “For the purposes”, insert “(1)”.\n\n171 Paragraph 5(a)\n\nAfter “court”, insert “(other than a court of Norfolk Island)”.\n\n172 Paragraph 5(b)\n\nAfter “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.\n\n173 Paragraph 5(b)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n174 Paragraph 5(c)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n175 At the end of section 5\n\nAdd:\n\n (2) For the purposes of this Act:\n (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and\n (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (c) if:\n (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and\n (ii) the office is established by a Norfolk Island enactment;\n the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;\n but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.\n\n176 Paragraph 8(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) details of the following appointments:\n (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);\n (ii) appointments of officers of the agency that are made under Norfolk Island enactments (other than officers appointed or employed under the Public Sector Management Act 2000 of Norfolk Island);\n\n177 At the end of paragraph 8(2)(e)\n\nAdd “or the Legislative Assembly of Norfolk Island”.\n\n178 Paragraph 8(2)(h)\n\nAfter “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.\n\n179 At the end of paragraph 8(2)(h)\n\nAdd “or the Legislative Assembly of Norfolk Island, as the case may be”.\n\n180 At the end of section 8 (before the notes)\n\nAdd:\n\n Definition\n (6) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n181 At the end of section 8C\n\nAdd:\n\n Definition\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n182 At the end of Part II\n\nAdd:\n\n#### 10B Transitional—Norfolk Island authorities\n\n This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.\n\n183 After paragraph 11B(4)(a)\n\nInsert:\n\n (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;\n\n184 Section 12\n\nBefore “A person is not entitled”, insert “(1)”.\n\n185 At the end of section 12\n\nAdd:\n\n (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:\n (a) a document of a Norfolk Island agency; or\n (b) an official document of a Norfolk Island Minister;\n more than 5 years before the commencement of this subsection unless:\n (c) the document, or that part of the document, contains information that is:\n (i) personal information about that person; or\n (ii) information relating to that person’s business, commercial or financial affairs; or\n (d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of:\n (i) a document of a Norfolk Island agency; or\n (ii) an official document of a Norfolk Island Minister;\n to which that person has lawfully had access.\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n186 Subsection 15(6)\n\nAfter “26A,”, insert “26AA,”.\n\nNote: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.\n\n187 Paragraph 20(3)(c)\n\nOmit “or a State”, substitute “, Norfolk Island or a State”.\n\n188 At the end of paragraphs 21(1)(a) and (b)\n\nAdd “or”.\n\n189 At the end of subsection 21(1)\n\nAdd:\n\n ; or (e) if:\n (i) the request is received by a Norfolk Island Minister or a Norfolk Island authority; and\n (ii) a Norfolk Island Minister considers that the document concerned is of such general public interest that the Legislative Assembly of Norfolk Island should be informed of the contents of the document before the document is otherwise made public;\n until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.\n\n190 Subparagraph 26A(1)(c)(i)\n\nAfter “relations”, insert “etc.”.\n\n191 At the end of section 26A\n\nAdd:\n\n Definition\n (6) In this section:\n\n> State includes Norfolk Island.\n\nNote: The heading to section 26A is altered by adding at the end “etc.”.\n\n192 After section 26A\n\nInsert:\n\n#### 26AA Consultation—documents affecting Norfolk Island intergovernmental relations\n\n Scope\n (1) This section applies if:\n (a) either:\n (i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or\n (ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and\n (b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or\n (ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and\n (c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the State or an authority of the State; or\n (ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and\n (d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and\n (e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).\n\n> Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).\n\n Consultation required\n (2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:\n (a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or\n (b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.\n Decision to give access\n (3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; and\n (b) if subparagraph (1)(a)(ii) applies—the State; and\n (c) in any case—the applicant.\n Access not to be given until review or appeal opportunities have run out\n (4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; or\n (b) if subparagraph (1)(a)(ii) applies—the State;\n for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.\n\n> Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).\n\n> Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).\n\n Edited copies, Commonwealth‑originated information and State‑originated information\n (5) This section applies:\n (a) in relation to an edited copy of a document in the same way as it applies to the document; and\n (b) in relation to a document containing Commonwealth‑originated information—to the extent to which the document contains such information; and\n (c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.\n\n193 At the end of section 38\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n194 Subsection 45(1)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n195 Subsection 45(2)\n\nAfter “prescribed authority”, insert “or Norfolk Island authority”.\n\n196 Paragraph 45(2)(b)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n197 Subsection 47(3)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n198 Subsection 47A(1) (at the end of the definition of electoral roll)\n\nAdd:\n\n ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or\n (d) any part of an electoral roll referred to in paragraph (c).\n\n199 At the end of section 47B (before the note)\n\nAdd:\n\n ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or\n (d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or\n (e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or\n (f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.\n\nNote: The heading to section 47B is altered by adding at the end “etc.”.\n\n200 Subsection 47C(1)\n\nOmit all the words after “involved in”, substitute:\n\n the functions of:\n (a) an agency; or\n (b) a Minister; or\n (c) the Government of the Commonwealth; or\n (d) the Government of Norfolk Island.\n\n201 Section 47D\n\nAfter “the Commonwealth”, insert “, of Norfolk Island”.\n\nNote: The heading to section 47D is altered by adding at the end “or Norfolk Island”.\n\n202 Paragraph 47E(c)\n\nAfter “the Commonwealth”, insert “, by Norfolk Island”.\n\n203 Paragraph 47G(1)(b)\n\nAfter “to the Commonwealth”, insert “, Norfolk Island”.\n\n204 Subsection 47G(4)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n205 After subsection 47J(2)\n\nInsert:\n\n (2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.\n\n206 Paragraph 47J(3)(g)\n\nAfter “by the Commonwealth,”, insert “Norfolk Island,”.\n\n207 Paragraph 47J(3)(g)\n\nAfter “of the Commonwealth”, insert “, of Norfolk Island”.\n\n208 Section 53B\n\nBefore “An access grant decision”, insert “(1)”.\n\n209 Section 53B (note)\n\nOmit “item 1”, substitute “items 1 and 1A”.\n\n210 Section 53B (table item 1)\n\nAfter “relations” (wherever occurring), insert “etc.”.\n\n211 Section 53B (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5). |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n212 At the end of section 53B\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n213 Section 53C\n\nBefore “The following table”, insert “(1)”.\n\n214 Section 53C (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | the Commonwealth or the State, as the case may be. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n\n215 At the end of section 53C\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n216 Paragraph 54P(1)(a)\n\nAfter “26A,”, insert “26AA,”.\n\n217 Paragraph 54S(2)(b)\n\nAfter “26A,”, insert “26AA,”.\n\n218 Subsection 54Y(2) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n219 Subsection 55G(1) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n220 At the end of section 55M\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n221 At the end of section 58AA\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n222 Subsection 60AA(1)\n\nAfter “26A,”, insert “26AA,”.\n\n223 Subsection 61(2)\n\nAfter “26A,”, insert “26AA,”.\n\n224 At the end of subsection 66(1)\n\nAdd “or Norfolk Island”.\n\n225 Subsection 74(1)\n\nOmit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:\n\n dealt with:\n (a) by the Ombudsman under the Ombudsman Act 1976; or\n (b) by the Ombudsman under a particular Norfolk Island enactment.\n\n226 Subsection 74(5)\n\nOmit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.\n\n227 At the end of section 74 (before the note)\n\nAdd:\n\n (6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.\n\n228 At the end of section 89D\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n229 At the end of section 89J\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n230 Subsection 90(1)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n231 Subsection 91(1A)\n\nAfter “26A,”, insert “26AA,”.\n\n232 Subsection 91(1B)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n233 Subsection 91(1B)\n\nAfter “26A,”, insert “26AA,”.\n\n234 After paragraph 91(1C)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n235 After paragraph 91(1C)(d)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n236 After paragraph 91(2A)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n237 At the end of section 91\n\nAdd:\n\n (4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.\n\n238 After paragraph 92(2)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n239 At the end of section 92\n\nAdd:\n\n (3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.\n\n \n\nPart 6—Amendments relating to the Ombudsman\n\nNorfolk Island Act 1979\n\n240 After section 66\n\nInsert:\n\n#### 66A Reports by Ombudsman\n\n Scope\n (1) This section applies if an enactment:\n (a) requires that the Commonwealth Ombudsman must give a report to a Minister; and\n (b) requires that the Minister must cause the report to be tabled in the Legislative Assembly.\n Requirement\n (2) The Minister must give a copy of the report to the responsible Commonwealth Minister.\n (3) The responsible Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the responsible Commonwealth Minister receives the report.\n\n> Note: See also section 4 of the Ombudsman Act 1976.\n\nOmbudsman Act 1976\n\n241 At the end of subsection 4(2)\n\nAdd:\n\n ; or (d) an enactment of Norfolk Island.\n\n242 At the end of section 4\n\nAdd:\n\n (6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.\n\nPart 7—Amendments relating to privacy\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n243 After subsection 23(1)\n\nInsert:\n\n (1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.\n\nPrivacy Act 1988\n\n244 Subsection 6(1) (after paragraph (h) of the definition of agency)\n\nInsert:\n\n (ha) a Norfolk Island agency; or\n\n245 Subsection 6(1)\n\nInsert:\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n246 Subsection 6(1) (definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n247 Subsection 6(1)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n248 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island agency means:\n\n (a) a Norfolk Island Minister; or\n (b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (d) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (f) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment; or\n (g) a court of Norfolk Island.\n\n249 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n250 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n251 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n252 At the end of paragraphs 6(5)(a), (b) and (c)\n\nAdd “or”.\n\n253 After paragraph 6(5)(c)\n\nInsert:\n\n (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or\n\n254 At the end of subsection 6(5)\n\nAdd:\n\n ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.\n\n255 After subsection 6(10)\n\nInsert:\n\n (10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.\n\n256 At the end of subparagraphs 7(1)(a)(i) and (ii)\n\nAdd “or”.\n\n257 After subparagraph 7(1)(a)(ii)\n\nInsert:\n\n (iia) a court of Norfolk Island; or\n\n258 At the end of subparagraph 7(1)(a)(iii)\n\nAdd “or”.\n\n259 After subparagraph 7(1)(a)(iii)\n\nInsert:\n\n (iiiaa) a Norfolk Island Minister; or\n\n260 After paragraph 7(1)(b)\n\nInsert:\n\n (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or\n\n261 Paragraphs 7(1)(d) and (e)\n\nAfter “other than”, insert “a Norfolk Island agency,”.\n\n262 After paragraph 7(1)(e)\n\nInsert:\n\n (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or\n (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or\n\n263 Paragraph 8(1)(b)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n264 Subsection 9(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n265 Subsection 10(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n266 Subsection 11(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n267 After subsection 15(1)\n\nInsert:\n\n (1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.\n\n268 Before section 16\n\nInsert:\n\n#### 15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island\n\n In relation to a record‑keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.\n\n269 Paragraph 27(1)(b)\n\nBefore “) a proposed”, insert “or a Norfolk Island Minister”.\n\n270 Paragraph 27(1)(f)\n\nBefore “, agency”, insert “, a Norfolk Island Minister”.\n\n271 Paragraph 27(1)(k)\n\nBefore “) a proposal”, insert “or a Norfolk Island Minister”.\n\n272 Paragraph 30(3)(d)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n273 Subsection 30(4)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n274 At the end of section 33\n\nAdd:\n\n Norfolk Island\n (5) In this section:\n\n> State includes Norfolk Island.\n\n275 At the end of Division 3 of Part IV\n\nAdd:\n\n#### 33B Copies of certain reports to be given to the Norfolk Island Justice Minister\n\n (1) If:\n (a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and\n (b) the report relates to a Norfolk Island matter;\n the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.\n (2) For the purposes of this section, a report relates to a Norfolk Island matter if:\n (a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or\n (b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or\n (c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.\n\n276 Paragraph 34(2)(a)\n\nBefore “, being”, insert “or a Norfolk Island Minister”.\n\n277 At the end of paragraph 34(2)(b)\n\nAdd “or a Norfolk Island Minister”.\n\n278 Section 37 (after table item 5)\n\nInsert:\n\n| 5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| --- | --------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- |\n| 5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |\n\n279 Subsection 43(7)\n\nBefore “that the matter”, insert “or Norfolk Island Minister (if any)”.\n\n280 Subsection 43(8)\n\nBefore “concerned”, insert “or a Norfolk Island Minister”.\n\n281 Subsection 43(8A)\n\nAfter “a Minister”, insert “or a Norfolk Island Minister”.\n\n282 At the end of paragraph 43(9)(b)\n\nAdd “or Norfolk Island Minister”.\n\n283 Subsection 50(1)\n\nInsert:\n\n> Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.\n\n284 After subparagraph 50(2)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under a particular Norfolk Island enactment; or\n\n285 At the end of paragraph 50(2)(b)\n\nAdd “or”.\n\n286 After paragraph 50(2)(b)\n\nInsert:\n\n (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n287 After subparagraph 50(3)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under the Norfolk Island enactment concerned; or\n\n288 At the end of paragraph 50(3)(b)\n\nAdd “or”.\n\n289 After paragraph 50(3)(b)\n\nInsert:\n\n (c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n290 Before subsection 60(3)\n\nInsert:\n\n (2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.\n\n291 At the end of section 66\n\nAdd:\n\n Norfolk Island\n (12) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n292 At the end of subsection 68(1)\n\nAdd “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.\n\n293 At the end of section 70\n\nAdd:\n\n (4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:\n (a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or\n (b) the production to the Commissioner of a specified document or other record;\n would be contrary to the public interest because it would:\n (c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or\n (d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or\n (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or\n (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or\n (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or\n (h) endanger the life or physical safety of any person;\n the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.\n\n294 Subsection 80G(1) (definition of secrecy provision)\n\nOmit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.\n\n295 After subsection 80R(1)\n\nInsert:\n\n (1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.\n\n296 At the end of section 89\n\nAdd:\n\n ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.\n\n297 Application—Commonwealth contracts\n\nTo the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.\n\n \n\nSchedule 2—Amendments relating to Christmas Island\n\nChristmas Island Act 1958\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Christmas Island Act 1958; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Christmas Island Act 1958 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Christmas Island Act 1958 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Christmas Island Act 1958 as amended by this Schedule.\n\n \n\nSchedule 3—Amendments relating to the Cocos (Keeling) Islands\n\nCocos (Keeling) Islands Act 1955\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.","sortOrder":18},{"sectionNumber":"48A","sectionType":"section","heading":"Preparation of annual budgets by the Minister for Finance","content":"#### 48A Preparation of annual budgets by the Minister for Finance\n\n (1) The Minister for Finance must prepare annual budgets in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) Annual budgets must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) Annual budgets must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared.\n (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared.\n (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister.","sortOrder":19},{"sectionNumber":"48B","sectionType":"section","heading":"Preparation of annual financial statements by the Minister for Finance","content":"#### 48B Preparation of annual financial statements by the Minister for Finance\n\n (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared.\n (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period.","sortOrder":20},{"sectionNumber":"48C","sectionType":"section","heading":"Audit of annual financial statements","content":"#### 48C Audit of annual financial statements\n\n (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.\n (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.\n (3) The Auditor‑General must give a copy of each report to:\n (a) the Minister for Finance; and\n (b) the responsible Commonwealth Minister; and\n (c) the Administrator.\n (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.\n (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:\n (a) a copy of the report; and\n (b) a copy of the annual financial statements to which the report relates;\n to be tabled in each House of the Parliament.","sortOrder":21},{"sectionNumber":"48D","sectionType":"section","heading":"Audit fees for statement audits","content":"#### 48D Audit fees for statement audits\n\n (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.\n (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.\n (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned.\n (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.","sortOrder":22},{"sectionNumber":"48E","sectionType":"section","heading":"Performance audits","content":"#### 48E Performance audits\n\n (1) The Auditor‑General may at any time conduct a performance audit of:\n (a) the Administration; or\n (b) a Territory authority.\n (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:\n (a) cause a copy of the report to be tabled in each House of the Parliament; and\n (b) give a copy of the report to:\n (i) the Minister for Finance; and\n (ii) the responsible Commonwealth Minister; and\n (iii) the Administrator; and\n (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and\n (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.\n (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly.","sortOrder":23},{"sectionNumber":"48F","sectionType":"section","heading":"Comments on proposed performance audit report","content":"#### 48F Comments on proposed performance audit report\n\n (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.\n (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.\n (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.\n (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).","sortOrder":24},{"sectionNumber":"48G","sectionType":"section","heading":"Audits—application of the Auditor‑General Act 1997","content":"#### 48G Audits—application of the Auditor‑General Act 1997\n\n (1) The Auditor‑General Act 1997 extends to Norfolk Island.\n (2) The Auditor‑General Act 1997 has effect as if:\n (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and\n (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and\n (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and\n (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and\n (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and\n (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority.\n (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:\n (a) the Administration; or\n (b) a Territory authority;\n as if:\n (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and\n (d) a reference in that section to the Cabinet included a reference to a body that:\n (i) consists of Ministers of Norfolk Island; and\n (ii) corresponds to the Cabinet; and\n (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and\n (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and\n (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and\n (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and\n (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and\n (j) a reference in that section to a responsible Minister were a reference to both:\n (i) a Minister of Norfolk Island; and\n (ii) the responsible Commonwealth Minister.","sortOrder":25},{"sectionNumber":"48H","sectionType":"section","heading":"Preparation of periodic financial statements by the Minister for Finance","content":"#### 48H Preparation of periodic financial statements by the Minister for Finance\n\n (1) The Minister for Finance must prepare periodic financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The statements must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared.\n (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared.\n (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister.","sortOrder":26},{"sectionNumber":"48J","sectionType":"section","heading":"Preparation of annual report by Chief Executive Officer","content":"#### 48J Preparation of annual report by Chief Executive Officer\n\n (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of:\n (a) the Administration; and\n (b) Territory authorities;\n during that year.\n (2) The report must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report.\n (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator.\n (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.","sortOrder":27},{"sectionNumber":"48K","sectionType":"section","heading":"Minister for Finance may obtain information from the responsible manager or managers of a Territory authority","content":"#### 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:\n (a) section 48A; or\n (b) section 48B; or\n (c) section 48H; or\n (d) regulations made for the purposes of this Part; or\n (e) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.","sortOrder":28},{"sectionNumber":"48L","sectionType":"section","heading":"Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority","content":"#### 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.","sortOrder":29},{"sectionNumber":"48M","sectionType":"section","heading":"Promoting efficient, effective and ethical use etc. of Administration resources","content":"#### 48M Promoting efficient, effective and ethical use etc. of Administration resources\n\n (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.\n (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.","sortOrder":30},{"sectionNumber":"48N","sectionType":"section","heading":"Promoting efficient, effective and ethical use etc. of the resources of Territory authorities","content":"#### 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.\n (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.","sortOrder":31},{"sectionNumber":"48P","sectionType":"section","heading":"Accounts and records of the Administration","content":"#### 48P Accounts and records of the Administration\n\n (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.","sortOrder":32},{"sectionNumber":"48Q","sectionType":"section","heading":"Accounts and records of Territory authorities","content":"#### 48Q Accounts and records of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.","sortOrder":33},{"sectionNumber":"48R","sectionType":"section","heading":"Regulations about financial management and accountability—Administration","content":"#### 48R Regulations about financial management and accountability—Administration\n\n (1) The regulations may make provision in relation to the following matters:\n (a) public money of the Territory;\n (b) public property of the Territory;\n (c) other resources of the Administration.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of public money of the Territory;\n (b) financial and accounting systems in relation to:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (c) the control and management of grants of public money of the Territory;\n (d) the control and management of public property of the Territory;\n (e) the procurement of property and services by the Administration;\n (f) the disposal of public property of the Territory;\n (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (b) proper accountability for the use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.","sortOrder":34},{"sectionNumber":"48S","sectionType":"section","heading":"Regulations about financial management and accountability—Territory authorities","content":"#### 48S Regulations about financial management and accountability—Territory authorities\n\n (1) The regulations may make provision in relation to the following matters:\n (a) money of a Territory authority;\n (b) property of a Territory authority;\n (c) other resources of a Territory authority.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of money of a Territory authority;\n (b) financial and accounting systems in relation to:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (c) the control and management of grants of money of a Territory authority;\n (d) the control and management of property of a Territory authority;\n (e) the procurement of property and services by a Territory authority;\n (f) the disposal of property of a Territory authority;\n (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (b) proper accountability for the use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.","sortOrder":35},{"sectionNumber":"48T","sectionType":"section","heading":"Commonwealth Finance Minister’s Orders","content":"#### 48T Commonwealth Finance Minister’s Orders\n\n (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:\n (a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and\n (b) on any matter on which regulations may be made for the purposes of:\n (i) subsection 48R(1); or\n (ii) subsection 48S(1).\n (2) An Order cannot create offences or impose penalties.\n (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.\n\n118 Before section 49\n\nInsert:","sortOrder":36},{"sectionNumber":"Division 3","sectionType":"division","heading":"Borrowing etc.","content":"### Division 3—Borrowing etc.\n\n119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G\n\nRepeal the sections, substitute:","sortOrder":37},{"sectionNumber":"Division 4","sectionType":"division","heading":"Commonwealth Ministers to be kept informed","content":"Schedule 1—Amendments relating to Norfolk Island\n\nPart 1—General amendments\n\nDivision 1—Amendment of the Norfolk Island Act 1979\n\nNorfolk Island Act 1979\n\n1 Subsection 4(1)\n\nInsert:\n\n> Chief Minister means the Chief Minister appointed under section 13.\n\n2 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997.\n\n3 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n4 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n5 Subsection 4(1) (definition of executive member)\n\nRepeal the definition.\n\n6 Subsection 4(1) (definition of executive office)\n\nRepeal the definition.\n\n7 Subsection 4(1) (definition of Finance Minister)\n\nRepeal the definition.\n\n8 Subsection 4(1)\n\nInsert:\n\n> Minister means:\n\n (a) the Chief Minister; or\n (b) a Minister appointed under section 13.\n\n9 Subsection 4(1)\n\nInsert:\n\n> Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island.\n\n10 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).\n\n11 Subsection 4(1)\n\nInsert:\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n12 Paragraph 7(1)(e)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n13 Subsection 7(2)\n\nOmit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.\n\n14 Subsection 7(2)\n\nOmit “that paragraph”, substitute “paragraph (1)(a) or (b)”.\n\n15 Subsection 7(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n16 Subsection 7(3)\n\nOmit “Minister” (first occurring), substitute “responsible Commonwealth Minister”.\n\n17 Subsection 7(3)\n\nOmit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.\n\n18 Subsection 7(3)\n\nOmit “Minister” (second occurring), substitute “responsible Commonwealth Minister”.\n\n19 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Deputies of Administrator\n\n (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies.\n (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.\n\n20 Subsection 10(2)\n\nOmit “The Deputy Administrator”, substitute “A deputy of the Administrator”.\n\n21 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Executive Council consists of:\n (a) the Chief Minister; and\n (b) such other Ministers as are appointed by the Administrator under section 13.\n\n22 Subsection 11(8)\n\nRepeal the subsection.\n\n23 Sections 12, 13 and 14\n\nRepeal the sections, substitute:\n\n#### 12 Ministers\n\n (1) There is to be:\n (a) a Chief Minister of the Territory; and\n (b) at least one, and not more than 3, other Ministers of the Territory.\n (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3.\n (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed.\n (4) For the purposes of subsection (3), a person who:\n (a) is an APS employee; or\n (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or\n (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply;\n is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.\n\n#### 12A Nomination of Chief Minister\n\n (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister.\n (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then:\n (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or\n (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister.\n (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister.\n (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister.\n (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.\n\n#### 13 Appointment of Ministers\n\n (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister.\n (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.\n\n> Note: The maximum number of other Ministers is 3—see subsection 12(1).\n\n (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time.\n (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.\n\n#### 14 Termination\n\n Chief Minister\n (1) A person ceases to hold office as the Chief Minister when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) the Legislative Assembly passes a resolution of no confidence in him or her; or\n (e) a notice about a general election is published under subsection 39AB(1); or\n (f) the Legislative Assembly is dissolved under section 39AC; or\n (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect;\n whichever first happens.\n Other Ministers\n (2) A person ceases to hold office as a Minister (other than the Chief Minister) when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) a notice about a general election is published under subsection 39AB(1); or\n (e) the Legislative Assembly is dissolved under section 39AC; or\n (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect;\n whichever first happens.\n\n#### 14A Dismissal of Ministers\n\n (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing.\n (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.\n\n24 Subsection 15(2)\n\nOmit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.\n\nNote: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.\n\n25 Subsection 15(3)\n\nOmit “does not hold executive office”, substitute “is not a Minister”.\n\n26 At the end of Part III\n\nAdd:\n\n#### 15A Ministerial portfolios\n\n (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister.\n (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister.\n (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.\n\n27 After subsection 21(1)\n\nInsert:\n\n (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.\n\n28 At the end of paragraph 21(2)(a)\n\nAdd:\n\n (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or\n\n29 Subsection 21(5)\n\nOmit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.\n\n30 Subsection 21(6)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n31 Subsection 22(3)\n\nOmit “21(2)”, substitute “21(1A) or (2)”.\n\n32 At the end of Division 2 of Part IV\n\nAdd:\n\n#### 26A Responsible Commonwealth Minister may introduce proposed law\n\n The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.\n\n33 At the end of paragraph 27(1)(a)\n\nAdd “and”.\n\n34 Paragraph 27(1)(b)\n\nOmit “and”.\n\n35 Paragraph 27(1)(c)\n\nRepeal the paragraph.\n\n36 Subsection 27(4)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n37 Subsection 28A(1)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n38 After subsection 35(1)\n\nInsert:\n\n (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.\n\n39 At the end of Division 1 of Part V\n\nAdd:\n\n#### 39AA Dismissal of members of the Legislative Assembly\n\n The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:\n (a) seriously unlawful conduct; or\n (b) grossly improper conduct.\n\n#### 39AB Resolution of no confidence in the Chief Minister\n\n (1) If:\n (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and\n (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and\n (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;\n a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.\n (3) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (5) During the period:\n (a) beginning when the notice is published under subsection (1); and\n (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.\n (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.\n (8) A notice under subsection (1) or (4) is not a legislative instrument.\n (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n#### 39AC Dissolution of Legislative Assembly by the Governor‑General\n\n (1) If, in the opinion of the Governor‑General, the Legislative Assembly:\n (a) is incapable of effectively performing its functions; or\n (b) is conducting its affairs in a grossly improper manner;\n the Governor‑General may dissolve the Legislative Assembly.\n (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution.\n (4) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (6) During the period:\n (a) beginning when the Legislative Assembly is dissolved; and\n (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution;\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (7) The powers of the Governor‑General under this section are to be exercised by Proclamation.\n (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be:\n (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and\n (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution.\n (9) A notice under subsection (2) or (5) is not a legislative instrument.\n (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n40 At the end of section 42\n\nAdd:\n\n (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.\n\n41 After section 42\n\nInsert:\n\n#### 42A Resolution of no confidence in the Chief Minister\n\n (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless:\n (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and\n (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and\n (c) the resolution is passed by at least the number of members necessary to be a quorum; and\n (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly.\n (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.\n\n42 Section 49\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n43 Subsection 50(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n44 Subsection 50A(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n45 Subsection 50A(2)\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n46 Subsection 50D(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\nNote: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.\n\n47 Subsection 50D(1)\n\nOmit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.\n\n48 Subsection 50D(2)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n49 Subsection 53(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n50 After section 61\n\nInsert:\n\n#### 61A Norfolk Island Public Service Values\n\n (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.\n (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.\n\n51 Section 62\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n52 Subsection 65(4)\n\nOmit “executive member”, substitute “Minister”.\n\n53 Subsection 67(2)\n\nOmit all the words after “or 3,”, substitute:\n\n but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:\n (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and\n (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).\n\n54 Item 42 of Schedule 2\n\nOmit “executive members”, substitute “Ministers”.\n\n55 Schedule 6\n\nOmit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.\n\n56 Transitional—Chief Minister\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n57 Transitional—other Ministers\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was not designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n58 Transitional—maximum number of Ministers\n\n(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.\n\n(2) During the period:\n\n (a) beginning at the commencement of this item; and\n (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;\n\nthe following provisions of the Norfolk Island Act 1979 as amended by this Division:\n\n (c) paragraph 12(1)(b);\n (d) the note at the end of subsection 13(2);\n\nhave effect as if each reference in those provisions to 3 were a reference to the transitional number.\n\n59 Application of amendments—nomination of Chief Minister\n\nSubsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.\n\n60 Application of amendments—presentation of proposed laws\n\nThe amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.\n\nDivision 2—Consequential amendments\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n61 Subsection 13(1) (definition of Minister)\n\nRepeal the definition.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n62 Subsection 393(3)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n63 Subsection 393(3)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\n64 Subsection 398(2)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n65 Subsection 398(2)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\nFreedom of Information Act 1982\n\n66 Subparagraph 4(3)(a)(iii)\n\nOmit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n67 Subsection 42(4)\n\nRepeal the subsection.\n\nHistoric Shipwrecks Act 1976\n\n68 Paragraph 4A(12)(c)\n\nOmit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\nInternational Criminal Court Act 2002\n\n69 Section 4 (paragraph (d) of the definition of State Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n70 Section 4 (definition of State Minister)\n\nOmit “or executive member” (wherever occurring).\n\n71 Section 4 (definition of State Minister)\n\nOmit “or executive member’s”.\n\nInternational Transfer of Prisoners Act 1997\n\n72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n73 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member” (wherever occurring).\n\n74 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member’s”.\n\nNational Health Security Act 2007\n\n75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)\n\nRepeal the paragraph, substitute:\n\n (d) the Minister of Norfolk Island;\n\nPrivacy Act 1988\n\n76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)\n\nRepeal the subparagraphs.\n\nRemuneration Tribunal Act 1973\n\n77 Paragraph 3(4)(jaa)\n\nOmit “executive member”, substitute “Minister”.\n\n \n\nPart 2—Amendments relating to elections\n\nDivision 1—Dates for elections\n\nNorfolk Island Act 1979\n\n78 Subsection 35(2)\n\nOmit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.\n\n79 At the end of section 35\n\nAdd:\n\n (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.\n\nDivision 2—Other matters\n\nNorfolk Island Act 1979\n\n80 Subsection 31(3)\n\nAfter “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.\n\n81 At the end of section 31\n\nAdd:\n\n (4) The regulations may make provision for or in relation to the following matters:\n (a) the method of balloting;\n (b) the manner in which voters are to indicate their votes;\n (c) the manner in which voters’ votes are to be used to obtain a result for an election;\n (d) matters incidental or ancillary to the above matters.\n (5) The regulations may make provision for or in relation to the following matters:\n (a) the filling of casual vacancies in the offices of members of the Legislative Assembly;\n (b) matters incidental or ancillary to the above matter.\n\n82 Section 37\n\nRepeal the section.\n\n83 Before section 38\n\nInsert:\n\n#### 37A Arrangements with the Australian Electoral Commission\n\n The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:\n (a) general elections of members of the Legislative Assembly; and\n (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.\n\n84 Application of amendments\n\n(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.\n\n(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.\n\n \n\nPart 3—Amendments relating to finance\n\nNorfolk Island Act 1979\n\n85 Subsection 4(1) (definition of accounts of the Territory)\n\nRepeal the definition.\n\n86 Subsection 4(1) (definition of Auditor)\n\nRepeal the definition.\n\n87 Subsection 4(1)\n\nInsert:\n\n> Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.\n\n88 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister’s Orders means Orders made under section 48T.\n\n89 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.\n\n90 Subsection 4(1)\n\nInsert:\n\n> Federal Court means the Federal Court of Australia.\n\n91 Subsection 4(1)\n\nInsert:\n\n> financial management and accountability provisions means:\n\n (a) the provisions of Divisions 2, 3 and 4 of Part VI; or\n (b) regulations made for the purposes of a provision of Division 2 of Part VI; or\n (c) the Commonwealth Finance Minister’s Orders.\n\n92 Subsection 4(1)\n\nInsert:\n\n> money of a Territory authority means:\n\n (a) money in the custody or under the control of a Territory authority; or\n (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n93 Subsection 4(1)\n\nInsert:\n\n> performance audit has the same meaning as in the Auditor‑General Act 1997.\n\n94 Subsection 4(1)\n\nInsert:\n\n> property of a Territory authority means:\n\n (a) property in the custody or under the control of a Territory authority; or\n (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n95 Subsection 4(1)\n\nInsert:\n\n> Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).\n\n96 Subsection 4(1)\n\nInsert:\n\n> public money of the Territory means:\n\n (a) money in the custody or under the control of the Administration; or\n (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.\n\n97 Subsection 4(1) (definition of public moneys of the Territory)\n\nRepeal the definition.\n\n98 Subsection 4(1)\n\nInsert:\n\n> public property of the Territory means:\n\n (a) property in the custody or under the control of the Administration; or\n (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.\n\n99 Subsection 4(1)\n\nInsert:\n\n> responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.\n\n100 Subsection 4(1)\n\nInsert:\n\n> Territory authority means:\n\n (a) a body corporate established for a public purpose by or under an enactment; or\n (b) a body, entity, organisation or group of persons specified in the regulations; or\n (c) a body corporate in which:\n (i) the Administration; or\n (ii) a body corporate referred to in paragraph (a); or\n (iii) a body, entity, organisation or group of persons referred to in paragraph (b);\n has a controlling interest.\n For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.\n\n101 Section 25\n\nOmit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.\n\nNote: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.\n\n102 At the end of section 25\n\nAdd:\n\n> Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).\n\n103 Paragraph 27(3)(a)\n\nOmit “moneys”, substitute “money”.\n\n104 Section 46\n\nRepeal the section.\n\n105 Before section 47\n\nInsert:\n\n### Division 1—Public Account of Norfolk Island\n\n106 Subsections 47(1) and (2)\n\nOmit “public moneys”, substitute “public money”.\n\n107 Subsection 47(4)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n108 Subsection 47(4)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n109 Subsection 47(4)\n\nOmit “those moneys”, substitute “that money”.\n\n110 Subsection 47(5)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n111 Subsection 47(5)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n112 Subsection 47(5)\n\nOmit “those moneys”, substitute “that money”.\n\n113 Subsection 48(1)\n\nOmit “moneys”, substitute “money”.\n\n114 Subsection 48(1)\n\nAfter “by”, insert “an appropriation made by”.\n\n115 At the end of subsection 48(1)\n\nAdd:\n\n> Note: See also section 25 (proposal of money Bills).\n\n116 Subsection 48(2)\n\nOmit “moneys”, substitute “money”.\n\n117 After section 48\n\nInsert:\n\n### Division 2—Financial management and accountability\n\n#### 48A Preparation of annual budgets by the Minister for Finance\n\n (1) The Minister for Finance must prepare annual budgets in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) Annual budgets must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) Annual budgets must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared.\n (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared.\n (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister.\n\n#### 48B Preparation of annual financial statements by the Minister for Finance\n\n (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared.\n (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period.\n\n#### 48C Audit of annual financial statements\n\n (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.\n (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.\n (3) The Auditor‑General must give a copy of each report to:\n (a) the Minister for Finance; and\n (b) the responsible Commonwealth Minister; and\n (c) the Administrator.\n (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.\n (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:\n (a) a copy of the report; and\n (b) a copy of the annual financial statements to which the report relates;\n to be tabled in each House of the Parliament.\n\n#### 48D Audit fees for statement audits\n\n (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.\n (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.\n (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned.\n (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n#### 48E Performance audits\n\n (1) The Auditor‑General may at any time conduct a performance audit of:\n (a) the Administration; or\n (b) a Territory authority.\n (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:\n (a) cause a copy of the report to be tabled in each House of the Parliament; and\n (b) give a copy of the report to:\n (i) the Minister for Finance; and\n (ii) the responsible Commonwealth Minister; and\n (iii) the Administrator; and\n (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and\n (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.\n (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly.\n\n#### 48F Comments on proposed performance audit report\n\n (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.\n (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.\n (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.\n (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).\n\n#### 48G Audits—application of the Auditor‑General Act 1997\n\n (1) The Auditor‑General Act 1997 extends to Norfolk Island.\n (2) The Auditor‑General Act 1997 has effect as if:\n (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and\n (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and\n (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and\n (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and\n (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and\n (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority.\n (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:\n (a) the Administration; or\n (b) a Territory authority;\n as if:\n (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and\n (d) a reference in that section to the Cabinet included a reference to a body that:\n (i) consists of Ministers of Norfolk Island; and\n (ii) corresponds to the Cabinet; and\n (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and\n (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and\n (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and\n (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and\n (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and\n (j) a reference in that section to a responsible Minister were a reference to both:\n (i) a Minister of Norfolk Island; and\n (ii) the responsible Commonwealth Minister.\n\n#### 48H Preparation of periodic financial statements by the Minister for Finance\n\n (1) The Minister for Finance must prepare periodic financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The statements must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared.\n (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared.\n (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister.\n\n#### 48J Preparation of annual report by Chief Executive Officer\n\n (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of:\n (a) the Administration; and\n (b) Territory authorities;\n during that year.\n (2) The report must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report.\n (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator.\n (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.\n\n#### 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:\n (a) section 48A; or\n (b) section 48B; or\n (c) section 48H; or\n (d) regulations made for the purposes of this Part; or\n (e) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48M Promoting efficient, effective and ethical use etc. of Administration resources\n\n (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.\n (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.\n (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48P Accounts and records of the Administration\n\n (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48Q Accounts and records of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48R Regulations about financial management and accountability—Administration\n\n (1) The regulations may make provision in relation to the following matters:\n (a) public money of the Territory;\n (b) public property of the Territory;\n (c) other resources of the Administration.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of public money of the Territory;\n (b) financial and accounting systems in relation to:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (c) the control and management of grants of public money of the Territory;\n (d) the control and management of public property of the Territory;\n (e) the procurement of property and services by the Administration;\n (f) the disposal of public property of the Territory;\n (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (b) proper accountability for the use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48S Regulations about financial management and accountability—Territory authorities\n\n (1) The regulations may make provision in relation to the following matters:\n (a) money of a Territory authority;\n (b) property of a Territory authority;\n (c) other resources of a Territory authority.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of money of a Territory authority;\n (b) financial and accounting systems in relation to:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (c) the control and management of grants of money of a Territory authority;\n (d) the control and management of property of a Territory authority;\n (e) the procurement of property and services by a Territory authority;\n (f) the disposal of property of a Territory authority;\n (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (b) proper accountability for the use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48T Commonwealth Finance Minister’s Orders\n\n (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:\n (a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and\n (b) on any matter on which regulations may be made for the purposes of:\n (i) subsection 48R(1); or\n (ii) subsection 48S(1).\n (2) An Order cannot create offences or impose penalties.\n (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.\n\n118 Before section 49\n\nInsert:\n\n### Division 3—Borrowing etc.\n\n119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G\n\nRepeal the sections, substitute:\n\n### Division 4—Commonwealth Ministers to be kept informed\n\n#### 51 Minister for Finance must keep responsible Commonwealth Minister informed\n\n (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51A Minister for Finance must keep Commonwealth Finance Minister informed\n\n (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n#### 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n### Division 5—Commonwealth Financial Officer for Norfolk Island\n\n#### 51D Commonwealth Financial Officer for Norfolk Island\n\n (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.\n (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:\n (a) be appointed by the Governor‑General; and\n (b) hold office during the pleasure of the Governor‑General.\n (3) The regulations may:\n (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:\n (i) the receipt or payment of money by the Administration or a Territory authority; or\n (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and\n (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.\n (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.\n (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.\n\n### Division 6—Injunctions\n\n#### 51E Injunctions—enforcement of financial management and accountability provisions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;\n the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.\n Grant of interim injunction\n (3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.\n No undertakings as to damages\n (4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.\n Discharge or variation of injunctions\n (5) The Federal Court may discharge or vary an injunction granted under this section.\n Certain limits on granting injunctions not to apply\n (6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n Other powers of the Federal Court unaffected\n (8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.\n\n120 Application—annual budgets\n\nSection 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n121 Application—annual financial statements\n\nSection 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n122 Application—periodic financial statements\n\nSection 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.\n\n123 Application—annual reports\n\nSection 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n124 Transitional—audit\n\nDespite the following repeals effected by this Part:\n\n (a) the repeal of the definition of accounts of the Territory in subsection 4(1);\n (b) the repeal of the definition of Auditor in subsection 4(1);\n (c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G;\n\nthe Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:\n\n (d) an inspection and audit under section 51C of the Norfolk Island Act 1979 that relates to:\n (i) the financial year that began on 1 July 2010; or\n (ii) an earlier financial year; and\n (e) a report on the inspection and audit;\n\nas if those repeals had not been effected.\n\n125 Transitional—pre‑commencement appropriation\n\nIf any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.\n\n \n\nPart 4—Amendments relating to the Administrative Appeals Tribunal\n\nAdministrative Appeals Tribunal Act 1975\n\n126 Subsection 3(1)\n\nInsert:\n\n> authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.\n\n127 Subsection 3(1) (paragraph (b) of the definition of enactment)\n\nOmit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.\n\n128 Subsection 3(1) (at the end of the definition of enactment)\n\nAdd:\n\n> Note: See also subsection 25(8) (Norfolk Island enactments).\n\n129 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n130 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n131 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n132 After subsection 25(1)\n\nInsert:\n\n (2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.\n\n133 Subsection 25(3)\n\nAfter “(1)”, insert “or (2)”.\n\n134 After subsection 25(5)\n\nInsert:\n\n (5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:\n (a) that Norfolk Island enactment; or\n (b) another Norfolk Island enactment having effect under that Norfolk Island enactment;\n as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.\n\n135 At the end of section 25\n\nAdd:\n\n Norfolk Island enactment\n (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:\n (a) the definition of authority of the Commonwealth in subsection 3(1); and\n (b) subsections (1), (5) and (6) of this section; and\n (c) subsection 21(1); and\n (d) subsection 27(1); and\n (e) paragraph 27A(2)(b); and\n (f) paragraph 33(1)(a); and\n (g) paragraph 43B(1)(a); and\n (h) section 59;\n has effect as if:\n (i) the primary Norfolk Island enactment; and\n (j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;\n were an enactment (within the meaning of this Act).\n\n136 Paragraph 26(1)(a)\n\nBefore “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.\n\n137 After paragraph 26(1)(a)\n\nInsert:\n\n (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or\n\n138 Subsection 27(1)\n\nAfter “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.\n\n139 At the end of subsection 27(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n140 Paragraph 27A(2)(a)\n\nAfter “25(5)”, insert “or (5A)”.\n\n141 Paragraph 29(1)(d)\n\nAfter “25(5)”, insert “or (5A)”.\n\n142 Subsection 29(3)\n\nAfter “25(5)” (wherever occurring), insert “or (5A)”.\n\n143 At the end of section 36B\n\nAdd:\n\n Norfolk Island\n (6) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n> State includes Norfolk Island.\n\n144 At the end of section 36C\n\nAdd:\n\n Norfolk Island\n (4) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n145 At the end of section 36D\n\nAdd:\n\n Norfolk Island\n (8) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n146 At the end of subsection 43B(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n147 Section 59\n\nBefore “If an enactment”, insert “(1)”.\n\n148 At the end of section 59\n\nAdd:\n\n (2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:\n (a) arising under a Norfolk Island enactment; and\n (b) referred to the Tribunal in accordance with the regulations;\n and, for the purpose of giving such an opinion, the Tribunal may hold such hearings and inform itself in such manner as it thinks appropriate.\n\n149 Subsection 66(4)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n150 Section 66A\n\nBefore “If:”, insert “(1)”.\n\n151 At the end of section 66A\n\nAdd:\n\n (2) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n152 Section 67A\n\nBefore “A notice”, insert “(1)”.\n\n153 Section 67A\n\nAfter “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.\n\n154 At the end of section 67A\n\nAdd:\n\n (2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).\n\n \n\nPart 5—Amendments relating to freedom of information\n\nFreedom of Information Act 1982\n\n155 Subsection 3(1)\n\nAfter “the Commonwealth”, insert “or the Government of Norfolk Island”.\n\n156 Subsection 4(1) (definition of agency)\n\nOmit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.\n\n157 Subsection 4(1)\n\nInsert:\n\n> Australia, when used in a geographical sense, includes Norfolk Island.\n\n158 Subsection 4(1) (definition of Cabinet)\n\nRepeal the definition, substitute:\n\n> Cabinet includes:\n\n (a) a committee of the Cabinet; and\n (b) a body that:\n (i) consists of Norfolk Island Ministers; and\n (ii) corresponds to the Cabinet.\n\n159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n161 Subsection 4(1)\n\nInsert:\n\n> Minister includes a Norfolk Island Minister.\n\n162 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island authority means:\n\n (a) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (b) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (c) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (d) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment.\n\n163 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n164 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n165 Subsection 4(1) (at the end of the definition of principal officer)\n\nAdd:\n\n ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.\n\n166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)\n\nAdd “or”.\n\n167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)\n\nInsert:\n\n (e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;\n\n168 After subsection 4(3)\n\nInsert:\n\n (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:\n (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and\n (b) the unincorporated body is taken to be comprised within that Norfolk Island authority.\n (3B) A person is not taken to be a Norfolk Island authority:\n (a) because he or she holds:\n (i) an office of member of the Legislative Assembly of Norfolk Island; or\n (ii) the office of Administrator of Norfolk Island; or\n (iii) an office of Deputy Administrator of Norfolk Island; or\n (iv) an office of Norfolk Island Minister; or\n (b) because he or she holds, or performs the duties of:\n (i) a prescribed office; or\n (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or\n (iii) an office of member of a Norfolk Island authority; or\n (iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.\n\n169 After section 4A\n\nInsert:\n\n#### 4B Extension to Norfolk Island\n\n This Act extends to Norfolk Island.\n\n170 Section 5\n\nBefore “For the purposes”, insert “(1)”.\n\n171 Paragraph 5(a)\n\nAfter “court”, insert “(other than a court of Norfolk Island)”.\n\n172 Paragraph 5(b)\n\nAfter “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.\n\n173 Paragraph 5(b)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n174 Paragraph 5(c)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n175 At the end of section 5\n\nAdd:\n\n (2) For the purposes of this Act:\n (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and\n (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (c) if:\n (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and\n (ii) the office is established by a Norfolk Island enactment;\n the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;\n but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.\n\n176 Paragraph 8(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) details of the following appointments:\n (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);\n (ii) appointments of officers of the agency that are made under Norfolk Island enactments (other than officers appointed or employed under the Public Sector Management Act 2000 of Norfolk Island);\n\n177 At the end of paragraph 8(2)(e)\n\nAdd “or the Legislative Assembly of Norfolk Island”.\n\n178 Paragraph 8(2)(h)\n\nAfter “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.\n\n179 At the end of paragraph 8(2)(h)\n\nAdd “or the Legislative Assembly of Norfolk Island, as the case may be”.\n\n180 At the end of section 8 (before the notes)\n\nAdd:\n\n Definition\n (6) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n181 At the end of section 8C\n\nAdd:\n\n Definition\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n182 At the end of Part II\n\nAdd:\n\n#### 10B Transitional—Norfolk Island authorities\n\n This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.\n\n183 After paragraph 11B(4)(a)\n\nInsert:\n\n (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;\n\n184 Section 12\n\nBefore “A person is not entitled”, insert “(1)”.\n\n185 At the end of section 12\n\nAdd:\n\n (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:\n (a) a document of a Norfolk Island agency; or\n (b) an official document of a Norfolk Island Minister;\n more than 5 years before the commencement of this subsection unless:\n (c) the document, or that part of the document, contains information that is:\n (i) personal information about that person; or\n (ii) information relating to that person’s business, commercial or financial affairs; or\n (d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of:\n (i) a document of a Norfolk Island agency; or\n (ii) an official document of a Norfolk Island Minister;\n to which that person has lawfully had access.\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n186 Subsection 15(6)\n\nAfter “26A,”, insert “26AA,”.\n\nNote: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.\n\n187 Paragraph 20(3)(c)\n\nOmit “or a State”, substitute “, Norfolk Island or a State”.\n\n188 At the end of paragraphs 21(1)(a) and (b)\n\nAdd “or”.\n\n189 At the end of subsection 21(1)\n\nAdd:\n\n ; or (e) if:\n (i) the request is received by a Norfolk Island Minister or a Norfolk Island authority; and\n (ii) a Norfolk Island Minister considers that the document concerned is of such general public interest that the Legislative Assembly of Norfolk Island should be informed of the contents of the document before the document is otherwise made public;\n until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.\n\n190 Subparagraph 26A(1)(c)(i)\n\nAfter “relations”, insert “etc.”.\n\n191 At the end of section 26A\n\nAdd:\n\n Definition\n (6) In this section:\n\n> State includes Norfolk Island.\n\nNote: The heading to section 26A is altered by adding at the end “etc.”.\n\n192 After section 26A\n\nInsert:\n\n#### 26AA Consultation—documents affecting Norfolk Island intergovernmental relations\n\n Scope\n (1) This section applies if:\n (a) either:\n (i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or\n (ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and\n (b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or\n (ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and\n (c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the State or an authority of the State; or\n (ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and\n (d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and\n (e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).\n\n> Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).\n\n Consultation required\n (2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:\n (a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or\n (b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.\n Decision to give access\n (3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; and\n (b) if subparagraph (1)(a)(ii) applies—the State; and\n (c) in any case—the applicant.\n Access not to be given until review or appeal opportunities have run out\n (4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; or\n (b) if subparagraph (1)(a)(ii) applies—the State;\n for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.\n\n> Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).\n\n> Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).\n\n Edited copies, Commonwealth‑originated information and State‑originated information\n (5) This section applies:\n (a) in relation to an edited copy of a document in the same way as it applies to the document; and\n (b) in relation to a document containing Commonwealth‑originated information—to the extent to which the document contains such information; and\n (c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.\n\n193 At the end of section 38\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n194 Subsection 45(1)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n195 Subsection 45(2)\n\nAfter “prescribed authority”, insert “or Norfolk Island authority”.\n\n196 Paragraph 45(2)(b)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n197 Subsection 47(3)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n198 Subsection 47A(1) (at the end of the definition of electoral roll)\n\nAdd:\n\n ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or\n (d) any part of an electoral roll referred to in paragraph (c).\n\n199 At the end of section 47B (before the note)\n\nAdd:\n\n ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or\n (d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or\n (e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or\n (f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.\n\nNote: The heading to section 47B is altered by adding at the end “etc.”.\n\n200 Subsection 47C(1)\n\nOmit all the words after “involved in”, substitute:\n\n the functions of:\n (a) an agency; or\n (b) a Minister; or\n (c) the Government of the Commonwealth; or\n (d) the Government of Norfolk Island.\n\n201 Section 47D\n\nAfter “the Commonwealth”, insert “, of Norfolk Island”.\n\nNote: The heading to section 47D is altered by adding at the end “or Norfolk Island”.\n\n202 Paragraph 47E(c)\n\nAfter “the Commonwealth”, insert “, by Norfolk Island”.\n\n203 Paragraph 47G(1)(b)\n\nAfter “to the Commonwealth”, insert “, Norfolk Island”.\n\n204 Subsection 47G(4)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n205 After subsection 47J(2)\n\nInsert:\n\n (2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.\n\n206 Paragraph 47J(3)(g)\n\nAfter “by the Commonwealth,”, insert “Norfolk Island,”.\n\n207 Paragraph 47J(3)(g)\n\nAfter “of the Commonwealth”, insert “, of Norfolk Island”.\n\n208 Section 53B\n\nBefore “An access grant decision”, insert “(1)”.\n\n209 Section 53B (note)\n\nOmit “item 1”, substitute “items 1 and 1A”.\n\n210 Section 53B (table item 1)\n\nAfter “relations” (wherever occurring), insert “etc.”.\n\n211 Section 53B (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5). |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n212 At the end of section 53B\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n213 Section 53C\n\nBefore “The following table”, insert “(1)”.\n\n214 Section 53C (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | the Commonwealth or the State, as the case may be. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n\n215 At the end of section 53C\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n216 Paragraph 54P(1)(a)\n\nAfter “26A,”, insert “26AA,”.\n\n217 Paragraph 54S(2)(b)\n\nAfter “26A,”, insert “26AA,”.\n\n218 Subsection 54Y(2) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n219 Subsection 55G(1) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n220 At the end of section 55M\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n221 At the end of section 58AA\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n222 Subsection 60AA(1)\n\nAfter “26A,”, insert “26AA,”.\n\n223 Subsection 61(2)\n\nAfter “26A,”, insert “26AA,”.\n\n224 At the end of subsection 66(1)\n\nAdd “or Norfolk Island”.\n\n225 Subsection 74(1)\n\nOmit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:\n\n dealt with:\n (a) by the Ombudsman under the Ombudsman Act 1976; or\n (b) by the Ombudsman under a particular Norfolk Island enactment.\n\n226 Subsection 74(5)\n\nOmit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.\n\n227 At the end of section 74 (before the note)\n\nAdd:\n\n (6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.\n\n228 At the end of section 89D\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n229 At the end of section 89J\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n230 Subsection 90(1)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n231 Subsection 91(1A)\n\nAfter “26A,”, insert “26AA,”.\n\n232 Subsection 91(1B)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n233 Subsection 91(1B)\n\nAfter “26A,”, insert “26AA,”.\n\n234 After paragraph 91(1C)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n235 After paragraph 91(1C)(d)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n236 After paragraph 91(2A)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n237 At the end of section 91\n\nAdd:\n\n (4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.\n\n238 After paragraph 92(2)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n239 At the end of section 92\n\nAdd:\n\n (3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.\n\n \n\nPart 6—Amendments relating to the Ombudsman\n\nNorfolk Island Act 1979\n\n240 After section 66\n\nInsert:\n\n#### 66A Reports by Ombudsman\n\n Scope\n (1) This section applies if an enactment:\n (a) requires that the Commonwealth Ombudsman must give a report to a Minister; and\n (b) requires that the Minister must cause the report to be tabled in the Legislative Assembly.\n Requirement\n (2) The Minister must give a copy of the report to the responsible Commonwealth Minister.\n (3) The responsible Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the responsible Commonwealth Minister receives the report.\n\n> Note: See also section 4 of the Ombudsman Act 1976.\n\nOmbudsman Act 1976\n\n241 At the end of subsection 4(2)\n\nAdd:\n\n ; or (d) an enactment of Norfolk Island.\n\n242 At the end of section 4\n\nAdd:\n\n (6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.\n\nPart 7—Amendments relating to privacy\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n243 After subsection 23(1)\n\nInsert:\n\n (1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.\n\nPrivacy Act 1988\n\n244 Subsection 6(1) (after paragraph (h) of the definition of agency)\n\nInsert:\n\n (ha) a Norfolk Island agency; or\n\n245 Subsection 6(1)\n\nInsert:\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n246 Subsection 6(1) (definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n247 Subsection 6(1)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n248 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island agency means:\n\n (a) a Norfolk Island Minister; or\n (b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (d) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (f) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment; or\n (g) a court of Norfolk Island.\n\n249 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n250 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n251 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n252 At the end of paragraphs 6(5)(a), (b) and (c)\n\nAdd “or”.\n\n253 After paragraph 6(5)(c)\n\nInsert:\n\n (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or\n\n254 At the end of subsection 6(5)\n\nAdd:\n\n ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.\n\n255 After subsection 6(10)\n\nInsert:\n\n (10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.\n\n256 At the end of subparagraphs 7(1)(a)(i) and (ii)\n\nAdd “or”.\n\n257 After subparagraph 7(1)(a)(ii)\n\nInsert:\n\n (iia) a court of Norfolk Island; or\n\n258 At the end of subparagraph 7(1)(a)(iii)\n\nAdd “or”.\n\n259 After subparagraph 7(1)(a)(iii)\n\nInsert:\n\n (iiiaa) a Norfolk Island Minister; or\n\n260 After paragraph 7(1)(b)\n\nInsert:\n\n (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or\n\n261 Paragraphs 7(1)(d) and (e)\n\nAfter “other than”, insert “a Norfolk Island agency,”.\n\n262 After paragraph 7(1)(e)\n\nInsert:\n\n (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or\n (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or\n\n263 Paragraph 8(1)(b)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n264 Subsection 9(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n265 Subsection 10(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n266 Subsection 11(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n267 After subsection 15(1)\n\nInsert:\n\n (1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.\n\n268 Before section 16\n\nInsert:\n\n#### 15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island\n\n In relation to a record‑keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.\n\n269 Paragraph 27(1)(b)\n\nBefore “) a proposed”, insert “or a Norfolk Island Minister”.\n\n270 Paragraph 27(1)(f)\n\nBefore “, agency”, insert “, a Norfolk Island Minister”.\n\n271 Paragraph 27(1)(k)\n\nBefore “) a proposal”, insert “or a Norfolk Island Minister”.\n\n272 Paragraph 30(3)(d)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n273 Subsection 30(4)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n274 At the end of section 33\n\nAdd:\n\n Norfolk Island\n (5) In this section:\n\n> State includes Norfolk Island.\n\n275 At the end of Division 3 of Part IV\n\nAdd:\n\n#### 33B Copies of certain reports to be given to the Norfolk Island Justice Minister\n\n (1) If:\n (a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and\n (b) the report relates to a Norfolk Island matter;\n the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.\n (2) For the purposes of this section, a report relates to a Norfolk Island matter if:\n (a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or\n (b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or\n (c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.\n\n276 Paragraph 34(2)(a)\n\nBefore “, being”, insert “or a Norfolk Island Minister”.\n\n277 At the end of paragraph 34(2)(b)\n\nAdd “or a Norfolk Island Minister”.\n\n278 Section 37 (after table item 5)\n\nInsert:\n\n| 5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| --- | --------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- |\n| 5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |\n\n279 Subsection 43(7)\n\nBefore “that the matter”, insert “or Norfolk Island Minister (if any)”.\n\n280 Subsection 43(8)\n\nBefore “concerned”, insert “or a Norfolk Island Minister”.\n\n281 Subsection 43(8A)\n\nAfter “a Minister”, insert “or a Norfolk Island Minister”.\n\n282 At the end of paragraph 43(9)(b)\n\nAdd “or Norfolk Island Minister”.\n\n283 Subsection 50(1)\n\nInsert:\n\n> Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.\n\n284 After subparagraph 50(2)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under a particular Norfolk Island enactment; or\n\n285 At the end of paragraph 50(2)(b)\n\nAdd “or”.\n\n286 After paragraph 50(2)(b)\n\nInsert:\n\n (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n287 After subparagraph 50(3)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under the Norfolk Island enactment concerned; or\n\n288 At the end of paragraph 50(3)(b)\n\nAdd “or”.\n\n289 After paragraph 50(3)(b)\n\nInsert:\n\n (c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n290 Before subsection 60(3)\n\nInsert:\n\n (2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.\n\n291 At the end of section 66\n\nAdd:\n\n Norfolk Island\n (12) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n292 At the end of subsection 68(1)\n\nAdd “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.\n\n293 At the end of section 70\n\nAdd:\n\n (4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:\n (a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or\n (b) the production to the Commissioner of a specified document or other record;\n would be contrary to the public interest because it would:\n (c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or\n (d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or\n (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or\n (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or\n (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or\n (h) endanger the life or physical safety of any person;\n the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.\n\n294 Subsection 80G(1) (definition of secrecy provision)\n\nOmit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.\n\n295 After subsection 80R(1)\n\nInsert:\n\n (1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.\n\n296 At the end of section 89\n\nAdd:\n\n ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.\n\n297 Application—Commonwealth contracts\n\nTo the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.\n\n \n\nSchedule 2—Amendments relating to Christmas Island\n\nChristmas Island Act 1958\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Christmas Island Act 1958; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Christmas Island Act 1958 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Christmas Island Act 1958 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Christmas Island Act 1958 as amended by this Schedule.\n\n \n\nSchedule 3—Amendments relating to the Cocos (Keeling) Islands\n\nCocos (Keeling) Islands Act 1955\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.","sortOrder":38},{"sectionNumber":"51","sectionType":"section","heading":"Minister for Finance must keep responsible Commonwealth Minister informed","content":"#### 51 Minister for Finance must keep responsible Commonwealth Minister informed\n\n (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.","sortOrder":39},{"sectionNumber":"51A","sectionType":"section","heading":"Minister for Finance must keep Commonwealth Finance Minister informed","content":"#### 51A Minister for Finance must keep Commonwealth Finance Minister informed\n\n (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.","sortOrder":40},{"sectionNumber":"51B","sectionType":"section","heading":"Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed","content":"#### 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.","sortOrder":41},{"sectionNumber":"51C","sectionType":"section","heading":"Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed","content":"#### 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.","sortOrder":42},{"sectionNumber":"Division 5","sectionType":"division","heading":"Commonwealth Financial Officer for Norfolk Island","content":"Schedule 1—Amendments relating to Norfolk Island\n\nPart 1—General amendments\n\nDivision 1—Amendment of the Norfolk Island Act 1979\n\nNorfolk Island Act 1979\n\n1 Subsection 4(1)\n\nInsert:\n\n> Chief Minister means the Chief Minister appointed under section 13.\n\n2 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997.\n\n3 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n4 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n5 Subsection 4(1) (definition of executive member)\n\nRepeal the definition.\n\n6 Subsection 4(1) (definition of executive office)\n\nRepeal the definition.\n\n7 Subsection 4(1) (definition of Finance Minister)\n\nRepeal the definition.\n\n8 Subsection 4(1)\n\nInsert:\n\n> Minister means:\n\n (a) the Chief Minister; or\n (b) a Minister appointed under section 13.\n\n9 Subsection 4(1)\n\nInsert:\n\n> Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island.\n\n10 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).\n\n11 Subsection 4(1)\n\nInsert:\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n12 Paragraph 7(1)(e)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n13 Subsection 7(2)\n\nOmit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.\n\n14 Subsection 7(2)\n\nOmit “that paragraph”, substitute “paragraph (1)(a) or (b)”.\n\n15 Subsection 7(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n16 Subsection 7(3)\n\nOmit “Minister” (first occurring), substitute “responsible Commonwealth Minister”.\n\n17 Subsection 7(3)\n\nOmit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.\n\n18 Subsection 7(3)\n\nOmit “Minister” (second occurring), substitute “responsible Commonwealth Minister”.\n\n19 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Deputies of Administrator\n\n (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies.\n (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.\n\n20 Subsection 10(2)\n\nOmit “The Deputy Administrator”, substitute “A deputy of the Administrator”.\n\n21 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Executive Council consists of:\n (a) the Chief Minister; and\n (b) such other Ministers as are appointed by the Administrator under section 13.\n\n22 Subsection 11(8)\n\nRepeal the subsection.\n\n23 Sections 12, 13 and 14\n\nRepeal the sections, substitute:\n\n#### 12 Ministers\n\n (1) There is to be:\n (a) a Chief Minister of the Territory; and\n (b) at least one, and not more than 3, other Ministers of the Territory.\n (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3.\n (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed.\n (4) For the purposes of subsection (3), a person who:\n (a) is an APS employee; or\n (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or\n (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply;\n is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.\n\n#### 12A Nomination of Chief Minister\n\n (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister.\n (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then:\n (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or\n (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister.\n (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister.\n (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister.\n (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.\n\n#### 13 Appointment of Ministers\n\n (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister.\n (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.\n\n> Note: The maximum number of other Ministers is 3—see subsection 12(1).\n\n (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time.\n (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.\n\n#### 14 Termination\n\n Chief Minister\n (1) A person ceases to hold office as the Chief Minister when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) the Legislative Assembly passes a resolution of no confidence in him or her; or\n (e) a notice about a general election is published under subsection 39AB(1); or\n (f) the Legislative Assembly is dissolved under section 39AC; or\n (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect;\n whichever first happens.\n Other Ministers\n (2) A person ceases to hold office as a Minister (other than the Chief Minister) when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) a notice about a general election is published under subsection 39AB(1); or\n (e) the Legislative Assembly is dissolved under section 39AC; or\n (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect;\n whichever first happens.\n\n#### 14A Dismissal of Ministers\n\n (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing.\n (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.\n\n24 Subsection 15(2)\n\nOmit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.\n\nNote: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.\n\n25 Subsection 15(3)\n\nOmit “does not hold executive office”, substitute “is not a Minister”.\n\n26 At the end of Part III\n\nAdd:\n\n#### 15A Ministerial portfolios\n\n (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister.\n (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister.\n (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.\n\n27 After subsection 21(1)\n\nInsert:\n\n (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.\n\n28 At the end of paragraph 21(2)(a)\n\nAdd:\n\n (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or\n\n29 Subsection 21(5)\n\nOmit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.\n\n30 Subsection 21(6)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n31 Subsection 22(3)\n\nOmit “21(2)”, substitute “21(1A) or (2)”.\n\n32 At the end of Division 2 of Part IV\n\nAdd:\n\n#### 26A Responsible Commonwealth Minister may introduce proposed law\n\n The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.\n\n33 At the end of paragraph 27(1)(a)\n\nAdd “and”.\n\n34 Paragraph 27(1)(b)\n\nOmit “and”.\n\n35 Paragraph 27(1)(c)\n\nRepeal the paragraph.\n\n36 Subsection 27(4)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n37 Subsection 28A(1)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n38 After subsection 35(1)\n\nInsert:\n\n (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.\n\n39 At the end of Division 1 of Part V\n\nAdd:\n\n#### 39AA Dismissal of members of the Legislative Assembly\n\n The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:\n (a) seriously unlawful conduct; or\n (b) grossly improper conduct.\n\n#### 39AB Resolution of no confidence in the Chief Minister\n\n (1) If:\n (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and\n (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and\n (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;\n a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.\n (3) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (5) During the period:\n (a) beginning when the notice is published under subsection (1); and\n (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.\n (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.\n (8) A notice under subsection (1) or (4) is not a legislative instrument.\n (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n#### 39AC Dissolution of Legislative Assembly by the Governor‑General\n\n (1) If, in the opinion of the Governor‑General, the Legislative Assembly:\n (a) is incapable of effectively performing its functions; or\n (b) is conducting its affairs in a grossly improper manner;\n the Governor‑General may dissolve the Legislative Assembly.\n (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution.\n (4) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (6) During the period:\n (a) beginning when the Legislative Assembly is dissolved; and\n (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution;\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (7) The powers of the Governor‑General under this section are to be exercised by Proclamation.\n (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be:\n (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and\n (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution.\n (9) A notice under subsection (2) or (5) is not a legislative instrument.\n (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n40 At the end of section 42\n\nAdd:\n\n (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.\n\n41 After section 42\n\nInsert:\n\n#### 42A Resolution of no confidence in the Chief Minister\n\n (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless:\n (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and\n (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and\n (c) the resolution is passed by at least the number of members necessary to be a quorum; and\n (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly.\n (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.\n\n42 Section 49\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n43 Subsection 50(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n44 Subsection 50A(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n45 Subsection 50A(2)\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n46 Subsection 50D(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\nNote: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.\n\n47 Subsection 50D(1)\n\nOmit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.\n\n48 Subsection 50D(2)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n49 Subsection 53(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n50 After section 61\n\nInsert:\n\n#### 61A Norfolk Island Public Service Values\n\n (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.\n (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.\n\n51 Section 62\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n52 Subsection 65(4)\n\nOmit “executive member”, substitute “Minister”.\n\n53 Subsection 67(2)\n\nOmit all the words after “or 3,”, substitute:\n\n but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:\n (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and\n (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).\n\n54 Item 42 of Schedule 2\n\nOmit “executive members”, substitute “Ministers”.\n\n55 Schedule 6\n\nOmit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.\n\n56 Transitional—Chief Minister\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n57 Transitional—other Ministers\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was not designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n58 Transitional—maximum number of Ministers\n\n(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.\n\n(2) During the period:\n\n (a) beginning at the commencement of this item; and\n (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;\n\nthe following provisions of the Norfolk Island Act 1979 as amended by this Division:\n\n (c) paragraph 12(1)(b);\n (d) the note at the end of subsection 13(2);\n\nhave effect as if each reference in those provisions to 3 were a reference to the transitional number.\n\n59 Application of amendments—nomination of Chief Minister\n\nSubsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.\n\n60 Application of amendments—presentation of proposed laws\n\nThe amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.\n\nDivision 2—Consequential amendments\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n61 Subsection 13(1) (definition of Minister)\n\nRepeal the definition.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n62 Subsection 393(3)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n63 Subsection 393(3)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\n64 Subsection 398(2)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n65 Subsection 398(2)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\nFreedom of Information Act 1982\n\n66 Subparagraph 4(3)(a)(iii)\n\nOmit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n67 Subsection 42(4)\n\nRepeal the subsection.\n\nHistoric Shipwrecks Act 1976\n\n68 Paragraph 4A(12)(c)\n\nOmit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\nInternational Criminal Court Act 2002\n\n69 Section 4 (paragraph (d) of the definition of State Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n70 Section 4 (definition of State Minister)\n\nOmit “or executive member” (wherever occurring).\n\n71 Section 4 (definition of State Minister)\n\nOmit “or executive member’s”.\n\nInternational Transfer of Prisoners Act 1997\n\n72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n73 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member” (wherever occurring).\n\n74 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member’s”.\n\nNational Health Security Act 2007\n\n75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)\n\nRepeal the paragraph, substitute:\n\n (d) the Minister of Norfolk Island;\n\nPrivacy Act 1988\n\n76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)\n\nRepeal the subparagraphs.\n\nRemuneration Tribunal Act 1973\n\n77 Paragraph 3(4)(jaa)\n\nOmit “executive member”, substitute “Minister”.\n\n \n\nPart 2—Amendments relating to elections\n\nDivision 1—Dates for elections\n\nNorfolk Island Act 1979\n\n78 Subsection 35(2)\n\nOmit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.\n\n79 At the end of section 35\n\nAdd:\n\n (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.\n\nDivision 2—Other matters\n\nNorfolk Island Act 1979\n\n80 Subsection 31(3)\n\nAfter “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.\n\n81 At the end of section 31\n\nAdd:\n\n (4) The regulations may make provision for or in relation to the following matters:\n (a) the method of balloting;\n (b) the manner in which voters are to indicate their votes;\n (c) the manner in which voters’ votes are to be used to obtain a result for an election;\n (d) matters incidental or ancillary to the above matters.\n (5) The regulations may make provision for or in relation to the following matters:\n (a) the filling of casual vacancies in the offices of members of the Legislative Assembly;\n (b) matters incidental or ancillary to the above matter.\n\n82 Section 37\n\nRepeal the section.\n\n83 Before section 38\n\nInsert:\n\n#### 37A Arrangements with the Australian Electoral Commission\n\n The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:\n (a) general elections of members of the Legislative Assembly; and\n (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.\n\n84 Application of amendments\n\n(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.\n\n(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.\n\n \n\nPart 3—Amendments relating to finance\n\nNorfolk Island Act 1979\n\n85 Subsection 4(1) (definition of accounts of the Territory)\n\nRepeal the definition.\n\n86 Subsection 4(1) (definition of Auditor)\n\nRepeal the definition.\n\n87 Subsection 4(1)\n\nInsert:\n\n> Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.\n\n88 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister’s Orders means Orders made under section 48T.\n\n89 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.\n\n90 Subsection 4(1)\n\nInsert:\n\n> Federal Court means the Federal Court of Australia.\n\n91 Subsection 4(1)\n\nInsert:\n\n> financial management and accountability provisions means:\n\n (a) the provisions of Divisions 2, 3 and 4 of Part VI; or\n (b) regulations made for the purposes of a provision of Division 2 of Part VI; or\n (c) the Commonwealth Finance Minister’s Orders.\n\n92 Subsection 4(1)\n\nInsert:\n\n> money of a Territory authority means:\n\n (a) money in the custody or under the control of a Territory authority; or\n (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n93 Subsection 4(1)\n\nInsert:\n\n> performance audit has the same meaning as in the Auditor‑General Act 1997.\n\n94 Subsection 4(1)\n\nInsert:\n\n> property of a Territory authority means:\n\n (a) property in the custody or under the control of a Territory authority; or\n (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n95 Subsection 4(1)\n\nInsert:\n\n> Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).\n\n96 Subsection 4(1)\n\nInsert:\n\n> public money of the Territory means:\n\n (a) money in the custody or under the control of the Administration; or\n (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.\n\n97 Subsection 4(1) (definition of public moneys of the Territory)\n\nRepeal the definition.\n\n98 Subsection 4(1)\n\nInsert:\n\n> public property of the Territory means:\n\n (a) property in the custody or under the control of the Administration; or\n (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.\n\n99 Subsection 4(1)\n\nInsert:\n\n> responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.\n\n100 Subsection 4(1)\n\nInsert:\n\n> Territory authority means:\n\n (a) a body corporate established for a public purpose by or under an enactment; or\n (b) a body, entity, organisation or group of persons specified in the regulations; or\n (c) a body corporate in which:\n (i) the Administration; or\n (ii) a body corporate referred to in paragraph (a); or\n (iii) a body, entity, organisation or group of persons referred to in paragraph (b);\n has a controlling interest.\n For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.\n\n101 Section 25\n\nOmit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.\n\nNote: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.\n\n102 At the end of section 25\n\nAdd:\n\n> Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).\n\n103 Paragraph 27(3)(a)\n\nOmit “moneys”, substitute “money”.\n\n104 Section 46\n\nRepeal the section.\n\n105 Before section 47\n\nInsert:\n\n### Division 1—Public Account of Norfolk Island\n\n106 Subsections 47(1) and (2)\n\nOmit “public moneys”, substitute “public money”.\n\n107 Subsection 47(4)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n108 Subsection 47(4)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n109 Subsection 47(4)\n\nOmit “those moneys”, substitute “that money”.\n\n110 Subsection 47(5)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n111 Subsection 47(5)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n112 Subsection 47(5)\n\nOmit “those moneys”, substitute “that money”.\n\n113 Subsection 48(1)\n\nOmit “moneys”, substitute “money”.\n\n114 Subsection 48(1)\n\nAfter “by”, insert “an appropriation made by”.\n\n115 At the end of subsection 48(1)\n\nAdd:\n\n> Note: See also section 25 (proposal of money Bills).\n\n116 Subsection 48(2)\n\nOmit “moneys”, substitute “money”.\n\n117 After section 48\n\nInsert:\n\n### Division 2—Financial management and accountability\n\n#### 48A Preparation of annual budgets by the Minister for Finance\n\n (1) The Minister for Finance must prepare annual budgets in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) Annual budgets must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) Annual budgets must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared.\n (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared.\n (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister.\n\n#### 48B Preparation of annual financial statements by the Minister for Finance\n\n (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared.\n (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period.\n\n#### 48C Audit of annual financial statements\n\n (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.\n (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.\n (3) The Auditor‑General must give a copy of each report to:\n (a) the Minister for Finance; and\n (b) the responsible Commonwealth Minister; and\n (c) the Administrator.\n (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.\n (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:\n (a) a copy of the report; and\n (b) a copy of the annual financial statements to which the report relates;\n to be tabled in each House of the Parliament.\n\n#### 48D Audit fees for statement audits\n\n (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.\n (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.\n (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned.\n (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n#### 48E Performance audits\n\n (1) The Auditor‑General may at any time conduct a performance audit of:\n (a) the Administration; or\n (b) a Territory authority.\n (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:\n (a) cause a copy of the report to be tabled in each House of the Parliament; and\n (b) give a copy of the report to:\n (i) the Minister for Finance; and\n (ii) the responsible Commonwealth Minister; and\n (iii) the Administrator; and\n (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and\n (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.\n (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly.\n\n#### 48F Comments on proposed performance audit report\n\n (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.\n (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.\n (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.\n (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).\n\n#### 48G Audits—application of the Auditor‑General Act 1997\n\n (1) The Auditor‑General Act 1997 extends to Norfolk Island.\n (2) The Auditor‑General Act 1997 has effect as if:\n (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and\n (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and\n (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and\n (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and\n (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and\n (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority.\n (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:\n (a) the Administration; or\n (b) a Territory authority;\n as if:\n (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and\n (d) a reference in that section to the Cabinet included a reference to a body that:\n (i) consists of Ministers of Norfolk Island; and\n (ii) corresponds to the Cabinet; and\n (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and\n (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and\n (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and\n (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and\n (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and\n (j) a reference in that section to a responsible Minister were a reference to both:\n (i) a Minister of Norfolk Island; and\n (ii) the responsible Commonwealth Minister.\n\n#### 48H Preparation of periodic financial statements by the Minister for Finance\n\n (1) The Minister for Finance must prepare periodic financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The statements must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared.\n (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared.\n (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister.\n\n#### 48J Preparation of annual report by Chief Executive Officer\n\n (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of:\n (a) the Administration; and\n (b) Territory authorities;\n during that year.\n (2) The report must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report.\n (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator.\n (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.\n\n#### 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:\n (a) section 48A; or\n (b) section 48B; or\n (c) section 48H; or\n (d) regulations made for the purposes of this Part; or\n (e) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48M Promoting efficient, effective and ethical use etc. of Administration resources\n\n (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.\n (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.\n (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48P Accounts and records of the Administration\n\n (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48Q Accounts and records of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48R Regulations about financial management and accountability—Administration\n\n (1) The regulations may make provision in relation to the following matters:\n (a) public money of the Territory;\n (b) public property of the Territory;\n (c) other resources of the Administration.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of public money of the Territory;\n (b) financial and accounting systems in relation to:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (c) the control and management of grants of public money of the Territory;\n (d) the control and management of public property of the Territory;\n (e) the procurement of property and services by the Administration;\n (f) the disposal of public property of the Territory;\n (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (b) proper accountability for the use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48S Regulations about financial management and accountability—Territory authorities\n\n (1) The regulations may make provision in relation to the following matters:\n (a) money of a Territory authority;\n (b) property of a Territory authority;\n (c) other resources of a Territory authority.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of money of a Territory authority;\n (b) financial and accounting systems in relation to:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (c) the control and management of grants of money of a Territory authority;\n (d) the control and management of property of a Territory authority;\n (e) the procurement of property and services by a Territory authority;\n (f) the disposal of property of a Territory authority;\n (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (b) proper accountability for the use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48T Commonwealth Finance Minister’s Orders\n\n (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:\n (a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and\n (b) on any matter on which regulations may be made for the purposes of:\n (i) subsection 48R(1); or\n (ii) subsection 48S(1).\n (2) An Order cannot create offences or impose penalties.\n (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.\n\n118 Before section 49\n\nInsert:\n\n### Division 3—Borrowing etc.\n\n119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G\n\nRepeal the sections, substitute:\n\n### Division 4—Commonwealth Ministers to be kept informed\n\n#### 51 Minister for Finance must keep responsible Commonwealth Minister informed\n\n (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51A Minister for Finance must keep Commonwealth Finance Minister informed\n\n (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n#### 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n### Division 5—Commonwealth Financial Officer for Norfolk Island\n\n#### 51D Commonwealth Financial Officer for Norfolk Island\n\n (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.\n (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:\n (a) be appointed by the Governor‑General; and\n (b) hold office during the pleasure of the Governor‑General.\n (3) The regulations may:\n (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:\n (i) the receipt or payment of money by the Administration or a Territory authority; or\n (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and\n (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.\n (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.\n (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.\n\n### Division 6—Injunctions\n\n#### 51E Injunctions—enforcement of financial management and accountability provisions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;\n the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.\n Grant of interim injunction\n (3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.\n No undertakings as to damages\n (4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.\n Discharge or variation of injunctions\n (5) The Federal Court may discharge or vary an injunction granted under this section.\n Certain limits on granting injunctions not to apply\n (6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n Other powers of the Federal Court unaffected\n (8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.\n\n120 Application—annual budgets\n\nSection 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n121 Application—annual financial statements\n\nSection 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n122 Application—periodic financial statements\n\nSection 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.\n\n123 Application—annual reports\n\nSection 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n124 Transitional—audit\n\nDespite the following repeals effected by this Part:\n\n (a) the repeal of the definition of accounts of the Territory in subsection 4(1);\n (b) the repeal of the definition of Auditor in subsection 4(1);\n (c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G;\n\nthe Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:\n\n (d) an inspection and audit under section 51C of the Norfolk Island Act 1979 that relates to:\n (i) the financial year that began on 1 July 2010; or\n (ii) an earlier financial year; and\n (e) a report on the inspection and audit;\n\nas if those repeals had not been effected.\n\n125 Transitional—pre‑commencement appropriation\n\nIf any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.\n\n \n\nPart 4—Amendments relating to the Administrative Appeals Tribunal\n\nAdministrative Appeals Tribunal Act 1975\n\n126 Subsection 3(1)\n\nInsert:\n\n> authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.\n\n127 Subsection 3(1) (paragraph (b) of the definition of enactment)\n\nOmit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.\n\n128 Subsection 3(1) (at the end of the definition of enactment)\n\nAdd:\n\n> Note: See also subsection 25(8) (Norfolk Island enactments).\n\n129 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n130 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n131 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n132 After subsection 25(1)\n\nInsert:\n\n (2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.\n\n133 Subsection 25(3)\n\nAfter “(1)”, insert “or (2)”.\n\n134 After subsection 25(5)\n\nInsert:\n\n (5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:\n (a) that Norfolk Island enactment; or\n (b) another Norfolk Island enactment having effect under that Norfolk Island enactment;\n as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.\n\n135 At the end of section 25\n\nAdd:\n\n Norfolk Island enactment\n (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:\n (a) the definition of authority of the Commonwealth in subsection 3(1); and\n (b) subsections (1), (5) and (6) of this section; and\n (c) subsection 21(1); and\n (d) subsection 27(1); and\n (e) paragraph 27A(2)(b); and\n (f) paragraph 33(1)(a); and\n (g) paragraph 43B(1)(a); and\n (h) section 59;\n has effect as if:\n (i) the primary Norfolk Island enactment; and\n (j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;\n were an enactment (within the meaning of this Act).\n\n136 Paragraph 26(1)(a)\n\nBefore “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.\n\n137 After paragraph 26(1)(a)\n\nInsert:\n\n (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or\n\n138 Subsection 27(1)\n\nAfter “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.\n\n139 At the end of subsection 27(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n140 Paragraph 27A(2)(a)\n\nAfter “25(5)”, insert “or (5A)”.\n\n141 Paragraph 29(1)(d)\n\nAfter “25(5)”, insert “or (5A)”.\n\n142 Subsection 29(3)\n\nAfter “25(5)” (wherever occurring), insert “or (5A)”.\n\n143 At the end of section 36B\n\nAdd:\n\n Norfolk Island\n (6) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n> State includes Norfolk Island.\n\n144 At the end of section 36C\n\nAdd:\n\n Norfolk Island\n (4) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n145 At the end of section 36D\n\nAdd:\n\n Norfolk Island\n (8) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n146 At the end of subsection 43B(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n147 Section 59\n\nBefore “If an enactment”, insert “(1)”.\n\n148 At the end of section 59\n\nAdd:\n\n (2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:\n (a) arising under a Norfolk Island enactment; and\n (b) referred to the Tribunal in accordance with the regulations;\n and, for the purpose of giving such an opinion, the Tribunal may hold such hearings and inform itself in such manner as it thinks appropriate.\n\n149 Subsection 66(4)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n150 Section 66A\n\nBefore “If:”, insert “(1)”.\n\n151 At the end of section 66A\n\nAdd:\n\n (2) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n152 Section 67A\n\nBefore “A notice”, insert “(1)”.\n\n153 Section 67A\n\nAfter “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.\n\n154 At the end of section 67A\n\nAdd:\n\n (2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).\n\n \n\nPart 5—Amendments relating to freedom of information\n\nFreedom of Information Act 1982\n\n155 Subsection 3(1)\n\nAfter “the Commonwealth”, insert “or the Government of Norfolk Island”.\n\n156 Subsection 4(1) (definition of agency)\n\nOmit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.\n\n157 Subsection 4(1)\n\nInsert:\n\n> Australia, when used in a geographical sense, includes Norfolk Island.\n\n158 Subsection 4(1) (definition of Cabinet)\n\nRepeal the definition, substitute:\n\n> Cabinet includes:\n\n (a) a committee of the Cabinet; and\n (b) a body that:\n (i) consists of Norfolk Island Ministers; and\n (ii) corresponds to the Cabinet.\n\n159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n161 Subsection 4(1)\n\nInsert:\n\n> Minister includes a Norfolk Island Minister.\n\n162 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island authority means:\n\n (a) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (b) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (c) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (d) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment.\n\n163 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n164 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n165 Subsection 4(1) (at the end of the definition of principal officer)\n\nAdd:\n\n ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.\n\n166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)\n\nAdd “or”.\n\n167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)\n\nInsert:\n\n (e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;\n\n168 After subsection 4(3)\n\nInsert:\n\n (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:\n (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and\n (b) the unincorporated body is taken to be comprised within that Norfolk Island authority.\n (3B) A person is not taken to be a Norfolk Island authority:\n (a) because he or she holds:\n (i) an office of member of the Legislative Assembly of Norfolk Island; or\n (ii) the office of Administrator of Norfolk Island; or\n (iii) an office of Deputy Administrator of Norfolk Island; or\n (iv) an office of Norfolk Island Minister; or\n (b) because he or she holds, or performs the duties of:\n (i) a prescribed office; or\n (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or\n (iii) an office of member of a Norfolk Island authority; or\n (iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.\n\n169 After section 4A\n\nInsert:\n\n#### 4B Extension to Norfolk Island\n\n This Act extends to Norfolk Island.\n\n170 Section 5\n\nBefore “For the purposes”, insert “(1)”.\n\n171 Paragraph 5(a)\n\nAfter “court”, insert “(other than a court of Norfolk Island)”.\n\n172 Paragraph 5(b)\n\nAfter “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.\n\n173 Paragraph 5(b)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n174 Paragraph 5(c)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n175 At the end of section 5\n\nAdd:\n\n (2) For the purposes of this Act:\n (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and\n (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (c) if:\n (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and\n (ii) the office is established by a Norfolk Island enactment;\n the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;\n but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.\n\n176 Paragraph 8(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) details of the following appointments:\n (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);\n (ii) appointments of officers of the agency that are made under Norfolk Island enactments (other than officers appointed or employed under the Public Sector Management Act 2000 of Norfolk Island);\n\n177 At the end of paragraph 8(2)(e)\n\nAdd “or the Legislative Assembly of Norfolk Island”.\n\n178 Paragraph 8(2)(h)\n\nAfter “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.\n\n179 At the end of paragraph 8(2)(h)\n\nAdd “or the Legislative Assembly of Norfolk Island, as the case may be”.\n\n180 At the end of section 8 (before the notes)\n\nAdd:\n\n Definition\n (6) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n181 At the end of section 8C\n\nAdd:\n\n Definition\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n182 At the end of Part II\n\nAdd:\n\n#### 10B Transitional—Norfolk Island authorities\n\n This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.\n\n183 After paragraph 11B(4)(a)\n\nInsert:\n\n (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;\n\n184 Section 12\n\nBefore “A person is not entitled”, insert “(1)”.\n\n185 At the end of section 12\n\nAdd:\n\n (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:\n (a) a document of a Norfolk Island agency; or\n (b) an official document of a Norfolk Island Minister;\n more than 5 years before the commencement of this subsection unless:\n (c) the document, or that part of the document, contains information that is:\n (i) personal information about that person; or\n (ii) information relating to that person’s business, commercial or financial affairs; or\n (d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of:\n (i) a document of a Norfolk Island agency; or\n (ii) an official document of a Norfolk Island Minister;\n to which that person has lawfully had access.\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n186 Subsection 15(6)\n\nAfter “26A,”, insert “26AA,”.\n\nNote: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.\n\n187 Paragraph 20(3)(c)\n\nOmit “or a State”, substitute “, Norfolk Island or a State”.\n\n188 At the end of paragraphs 21(1)(a) and (b)\n\nAdd “or”.\n\n189 At the end of subsection 21(1)\n\nAdd:\n\n ; or (e) if:\n (i) the request is received by a Norfolk Island Minister or a Norfolk Island authority; and\n (ii) a Norfolk Island Minister considers that the document concerned is of such general public interest that the Legislative Assembly of Norfolk Island should be informed of the contents of the document before the document is otherwise made public;\n until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.\n\n190 Subparagraph 26A(1)(c)(i)\n\nAfter “relations”, insert “etc.”.\n\n191 At the end of section 26A\n\nAdd:\n\n Definition\n (6) In this section:\n\n> State includes Norfolk Island.\n\nNote: The heading to section 26A is altered by adding at the end “etc.”.\n\n192 After section 26A\n\nInsert:\n\n#### 26AA Consultation—documents affecting Norfolk Island intergovernmental relations\n\n Scope\n (1) This section applies if:\n (a) either:\n (i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or\n (ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and\n (b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or\n (ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and\n (c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the State or an authority of the State; or\n (ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and\n (d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and\n (e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).\n\n> Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).\n\n Consultation required\n (2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:\n (a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or\n (b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.\n Decision to give access\n (3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; and\n (b) if subparagraph (1)(a)(ii) applies—the State; and\n (c) in any case—the applicant.\n Access not to be given until review or appeal opportunities have run out\n (4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; or\n (b) if subparagraph (1)(a)(ii) applies—the State;\n for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.\n\n> Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).\n\n> Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).\n\n Edited copies, Commonwealth‑originated information and State‑originated information\n (5) This section applies:\n (a) in relation to an edited copy of a document in the same way as it applies to the document; and\n (b) in relation to a document containing Commonwealth‑originated information—to the extent to which the document contains such information; and\n (c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.\n\n193 At the end of section 38\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n194 Subsection 45(1)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n195 Subsection 45(2)\n\nAfter “prescribed authority”, insert “or Norfolk Island authority”.\n\n196 Paragraph 45(2)(b)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n197 Subsection 47(3)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n198 Subsection 47A(1) (at the end of the definition of electoral roll)\n\nAdd:\n\n ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or\n (d) any part of an electoral roll referred to in paragraph (c).\n\n199 At the end of section 47B (before the note)\n\nAdd:\n\n ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or\n (d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or\n (e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or\n (f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.\n\nNote: The heading to section 47B is altered by adding at the end “etc.”.\n\n200 Subsection 47C(1)\n\nOmit all the words after “involved in”, substitute:\n\n the functions of:\n (a) an agency; or\n (b) a Minister; or\n (c) the Government of the Commonwealth; or\n (d) the Government of Norfolk Island.\n\n201 Section 47D\n\nAfter “the Commonwealth”, insert “, of Norfolk Island”.\n\nNote: The heading to section 47D is altered by adding at the end “or Norfolk Island”.\n\n202 Paragraph 47E(c)\n\nAfter “the Commonwealth”, insert “, by Norfolk Island”.\n\n203 Paragraph 47G(1)(b)\n\nAfter “to the Commonwealth”, insert “, Norfolk Island”.\n\n204 Subsection 47G(4)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n205 After subsection 47J(2)\n\nInsert:\n\n (2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.\n\n206 Paragraph 47J(3)(g)\n\nAfter “by the Commonwealth,”, insert “Norfolk Island,”.\n\n207 Paragraph 47J(3)(g)\n\nAfter “of the Commonwealth”, insert “, of Norfolk Island”.\n\n208 Section 53B\n\nBefore “An access grant decision”, insert “(1)”.\n\n209 Section 53B (note)\n\nOmit “item 1”, substitute “items 1 and 1A”.\n\n210 Section 53B (table item 1)\n\nAfter “relations” (wherever occurring), insert “etc.”.\n\n211 Section 53B (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5). |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n212 At the end of section 53B\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n213 Section 53C\n\nBefore “The following table”, insert “(1)”.\n\n214 Section 53C (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | the Commonwealth or the State, as the case may be. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n\n215 At the end of section 53C\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n216 Paragraph 54P(1)(a)\n\nAfter “26A,”, insert “26AA,”.\n\n217 Paragraph 54S(2)(b)\n\nAfter “26A,”, insert “26AA,”.\n\n218 Subsection 54Y(2) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n219 Subsection 55G(1) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n220 At the end of section 55M\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n221 At the end of section 58AA\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n222 Subsection 60AA(1)\n\nAfter “26A,”, insert “26AA,”.\n\n223 Subsection 61(2)\n\nAfter “26A,”, insert “26AA,”.\n\n224 At the end of subsection 66(1)\n\nAdd “or Norfolk Island”.\n\n225 Subsection 74(1)\n\nOmit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:\n\n dealt with:\n (a) by the Ombudsman under the Ombudsman Act 1976; or\n (b) by the Ombudsman under a particular Norfolk Island enactment.\n\n226 Subsection 74(5)\n\nOmit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.\n\n227 At the end of section 74 (before the note)\n\nAdd:\n\n (6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.\n\n228 At the end of section 89D\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n229 At the end of section 89J\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n230 Subsection 90(1)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n231 Subsection 91(1A)\n\nAfter “26A,”, insert “26AA,”.\n\n232 Subsection 91(1B)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n233 Subsection 91(1B)\n\nAfter “26A,”, insert “26AA,”.\n\n234 After paragraph 91(1C)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n235 After paragraph 91(1C)(d)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n236 After paragraph 91(2A)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n237 At the end of section 91\n\nAdd:\n\n (4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.\n\n238 After paragraph 92(2)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n239 At the end of section 92\n\nAdd:\n\n (3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.\n\n \n\nPart 6—Amendments relating to the Ombudsman\n\nNorfolk Island Act 1979\n\n240 After section 66\n\nInsert:\n\n#### 66A Reports by Ombudsman\n\n Scope\n (1) This section applies if an enactment:\n (a) requires that the Commonwealth Ombudsman must give a report to a Minister; and\n (b) requires that the Minister must cause the report to be tabled in the Legislative Assembly.\n Requirement\n (2) The Minister must give a copy of the report to the responsible Commonwealth Minister.\n (3) The responsible Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the responsible Commonwealth Minister receives the report.\n\n> Note: See also section 4 of the Ombudsman Act 1976.\n\nOmbudsman Act 1976\n\n241 At the end of subsection 4(2)\n\nAdd:\n\n ; or (d) an enactment of Norfolk Island.\n\n242 At the end of section 4\n\nAdd:\n\n (6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.\n\nPart 7—Amendments relating to privacy\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n243 After subsection 23(1)\n\nInsert:\n\n (1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.\n\nPrivacy Act 1988\n\n244 Subsection 6(1) (after paragraph (h) of the definition of agency)\n\nInsert:\n\n (ha) a Norfolk Island agency; or\n\n245 Subsection 6(1)\n\nInsert:\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n246 Subsection 6(1) (definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n247 Subsection 6(1)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n248 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island agency means:\n\n (a) a Norfolk Island Minister; or\n (b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (d) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (f) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment; or\n (g) a court of Norfolk Island.\n\n249 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n250 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n251 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n252 At the end of paragraphs 6(5)(a), (b) and (c)\n\nAdd “or”.\n\n253 After paragraph 6(5)(c)\n\nInsert:\n\n (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or\n\n254 At the end of subsection 6(5)\n\nAdd:\n\n ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.\n\n255 After subsection 6(10)\n\nInsert:\n\n (10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.\n\n256 At the end of subparagraphs 7(1)(a)(i) and (ii)\n\nAdd “or”.\n\n257 After subparagraph 7(1)(a)(ii)\n\nInsert:\n\n (iia) a court of Norfolk Island; or\n\n258 At the end of subparagraph 7(1)(a)(iii)\n\nAdd “or”.\n\n259 After subparagraph 7(1)(a)(iii)\n\nInsert:\n\n (iiiaa) a Norfolk Island Minister; or\n\n260 After paragraph 7(1)(b)\n\nInsert:\n\n (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or\n\n261 Paragraphs 7(1)(d) and (e)\n\nAfter “other than”, insert “a Norfolk Island agency,”.\n\n262 After paragraph 7(1)(e)\n\nInsert:\n\n (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or\n (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or\n\n263 Paragraph 8(1)(b)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n264 Subsection 9(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n265 Subsection 10(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n266 Subsection 11(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n267 After subsection 15(1)\n\nInsert:\n\n (1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.\n\n268 Before section 16\n\nInsert:\n\n#### 15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island\n\n In relation to a record‑keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.\n\n269 Paragraph 27(1)(b)\n\nBefore “) a proposed”, insert “or a Norfolk Island Minister”.\n\n270 Paragraph 27(1)(f)\n\nBefore “, agency”, insert “, a Norfolk Island Minister”.\n\n271 Paragraph 27(1)(k)\n\nBefore “) a proposal”, insert “or a Norfolk Island Minister”.\n\n272 Paragraph 30(3)(d)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n273 Subsection 30(4)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n274 At the end of section 33\n\nAdd:\n\n Norfolk Island\n (5) In this section:\n\n> State includes Norfolk Island.\n\n275 At the end of Division 3 of Part IV\n\nAdd:\n\n#### 33B Copies of certain reports to be given to the Norfolk Island Justice Minister\n\n (1) If:\n (a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and\n (b) the report relates to a Norfolk Island matter;\n the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.\n (2) For the purposes of this section, a report relates to a Norfolk Island matter if:\n (a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or\n (b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or\n (c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.\n\n276 Paragraph 34(2)(a)\n\nBefore “, being”, insert “or a Norfolk Island Minister”.\n\n277 At the end of paragraph 34(2)(b)\n\nAdd “or a Norfolk Island Minister”.\n\n278 Section 37 (after table item 5)\n\nInsert:\n\n| 5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| --- | --------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- |\n| 5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |\n\n279 Subsection 43(7)\n\nBefore “that the matter”, insert “or Norfolk Island Minister (if any)”.\n\n280 Subsection 43(8)\n\nBefore “concerned”, insert “or a Norfolk Island Minister”.\n\n281 Subsection 43(8A)\n\nAfter “a Minister”, insert “or a Norfolk Island Minister”.\n\n282 At the end of paragraph 43(9)(b)\n\nAdd “or Norfolk Island Minister”.\n\n283 Subsection 50(1)\n\nInsert:\n\n> Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.\n\n284 After subparagraph 50(2)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under a particular Norfolk Island enactment; or\n\n285 At the end of paragraph 50(2)(b)\n\nAdd “or”.\n\n286 After paragraph 50(2)(b)\n\nInsert:\n\n (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n287 After subparagraph 50(3)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under the Norfolk Island enactment concerned; or\n\n288 At the end of paragraph 50(3)(b)\n\nAdd “or”.\n\n289 After paragraph 50(3)(b)\n\nInsert:\n\n (c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n290 Before subsection 60(3)\n\nInsert:\n\n (2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.\n\n291 At the end of section 66\n\nAdd:\n\n Norfolk Island\n (12) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n292 At the end of subsection 68(1)\n\nAdd “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.\n\n293 At the end of section 70\n\nAdd:\n\n (4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:\n (a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or\n (b) the production to the Commissioner of a specified document or other record;\n would be contrary to the public interest because it would:\n (c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or\n (d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or\n (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or\n (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or\n (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or\n (h) endanger the life or physical safety of any person;\n the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.\n\n294 Subsection 80G(1) (definition of secrecy provision)\n\nOmit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.\n\n295 After subsection 80R(1)\n\nInsert:\n\n (1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.\n\n296 At the end of section 89\n\nAdd:\n\n ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.\n\n297 Application—Commonwealth contracts\n\nTo the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.\n\n \n\nSchedule 2—Amendments relating to Christmas Island\n\nChristmas Island Act 1958\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Christmas Island Act 1958; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Christmas Island Act 1958 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Christmas Island Act 1958 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Christmas Island Act 1958 as amended by this Schedule.\n\n \n\nSchedule 3—Amendments relating to the Cocos (Keeling) Islands\n\nCocos (Keeling) Islands Act 1955\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.","sortOrder":43},{"sectionNumber":"51D","sectionType":"section","heading":"Commonwealth Financial Officer for Norfolk Island","content":"#### 51D Commonwealth Financial Officer for Norfolk Island\n\n (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.\n (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:\n (a) be appointed by the Governor‑General; and\n (b) hold office during the pleasure of the Governor‑General.\n (3) The regulations may:\n (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:\n (i) the receipt or payment of money by the Administration or a Territory authority; or\n (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and\n (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.\n (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.\n (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.","sortOrder":44},{"sectionNumber":"Division 6","sectionType":"division","heading":"Injunctions","content":"Schedule 1—Amendments relating to Norfolk Island\n\nPart 1—General amendments\n\nDivision 1—Amendment of the Norfolk Island Act 1979\n\nNorfolk Island Act 1979\n\n1 Subsection 4(1)\n\nInsert:\n\n> Chief Minister means the Chief Minister appointed under section 13.\n\n2 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997.\n\n3 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n4 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n5 Subsection 4(1) (definition of executive member)\n\nRepeal the definition.\n\n6 Subsection 4(1) (definition of executive office)\n\nRepeal the definition.\n\n7 Subsection 4(1) (definition of Finance Minister)\n\nRepeal the definition.\n\n8 Subsection 4(1)\n\nInsert:\n\n> Minister means:\n\n (a) the Chief Minister; or\n (b) a Minister appointed under section 13.\n\n9 Subsection 4(1)\n\nInsert:\n\n> Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island.\n\n10 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).\n\n11 Subsection 4(1)\n\nInsert:\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n12 Paragraph 7(1)(e)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n13 Subsection 7(2)\n\nOmit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.\n\n14 Subsection 7(2)\n\nOmit “that paragraph”, substitute “paragraph (1)(a) or (b)”.\n\n15 Subsection 7(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n16 Subsection 7(3)\n\nOmit “Minister” (first occurring), substitute “responsible Commonwealth Minister”.\n\n17 Subsection 7(3)\n\nOmit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.\n\n18 Subsection 7(3)\n\nOmit “Minister” (second occurring), substitute “responsible Commonwealth Minister”.\n\n19 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Deputies of Administrator\n\n (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies.\n (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.\n\n20 Subsection 10(2)\n\nOmit “The Deputy Administrator”, substitute “A deputy of the Administrator”.\n\n21 Subsection 11(2)\n\nRepeal the subsection, substitute:\n\n (2) The Executive Council consists of:\n (a) the Chief Minister; and\n (b) such other Ministers as are appointed by the Administrator under section 13.\n\n22 Subsection 11(8)\n\nRepeal the subsection.\n\n23 Sections 12, 13 and 14\n\nRepeal the sections, substitute:\n\n#### 12 Ministers\n\n (1) There is to be:\n (a) a Chief Minister of the Territory; and\n (b) at least one, and not more than 3, other Ministers of the Territory.\n (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3.\n (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed.\n (4) For the purposes of subsection (3), a person who:\n (a) is an APS employee; or\n (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or\n (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply;\n is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.\n\n#### 12A Nomination of Chief Minister\n\n (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister.\n (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then:\n (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or\n (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister.\n (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister.\n (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister.\n (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.\n\n#### 13 Appointment of Ministers\n\n (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister.\n (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.\n\n> Note: The maximum number of other Ministers is 3—see subsection 12(1).\n\n (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time.\n (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.\n\n#### 14 Termination\n\n Chief Minister\n (1) A person ceases to hold office as the Chief Minister when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) the Legislative Assembly passes a resolution of no confidence in him or her; or\n (e) a notice about a general election is published under subsection 39AB(1); or\n (f) the Legislative Assembly is dissolved under section 39AC; or\n (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect;\n whichever first happens.\n Other Ministers\n (2) A person ceases to hold office as a Minister (other than the Chief Minister) when:\n (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or\n (b) he or she is dismissed from office by the Administrator under section 14A; or\n (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or\n (d) a notice about a general election is published under subsection 39AB(1); or\n (e) the Legislative Assembly is dissolved under section 39AC; or\n (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect;\n whichever first happens.\n\n#### 14A Dismissal of Ministers\n\n (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing.\n (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.\n\n24 Subsection 15(2)\n\nOmit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.\n\nNote: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.\n\n25 Subsection 15(3)\n\nOmit “does not hold executive office”, substitute “is not a Minister”.\n\n26 At the end of Part III\n\nAdd:\n\n#### 15A Ministerial portfolios\n\n (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister.\n (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister.\n (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.\n\n27 After subsection 21(1)\n\nInsert:\n\n (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.\n\n28 At the end of paragraph 21(2)(a)\n\nAdd:\n\n (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or\n\n29 Subsection 21(5)\n\nOmit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.\n\n30 Subsection 21(6)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n31 Subsection 22(3)\n\nOmit “21(2)”, substitute “21(1A) or (2)”.\n\n32 At the end of Division 2 of Part IV\n\nAdd:\n\n#### 26A Responsible Commonwealth Minister may introduce proposed law\n\n The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.\n\n33 At the end of paragraph 27(1)(a)\n\nAdd “and”.\n\n34 Paragraph 27(1)(b)\n\nOmit “and”.\n\n35 Paragraph 27(1)(c)\n\nRepeal the paragraph.\n\n36 Subsection 27(4)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n37 Subsection 28A(1)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n38 After subsection 35(1)\n\nInsert:\n\n (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.\n\n39 At the end of Division 1 of Part V\n\nAdd:\n\n#### 39AA Dismissal of members of the Legislative Assembly\n\n The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:\n (a) seriously unlawful conduct; or\n (b) grossly improper conduct.\n\n#### 39AB Resolution of no confidence in the Chief Minister\n\n (1) If:\n (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and\n (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and\n (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;\n a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.\n (3) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (5) During the period:\n (a) beginning when the notice is published under subsection (1); and\n (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.\n (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.\n (8) A notice under subsection (1) or (4) is not a legislative instrument.\n (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n#### 39AC Dissolution of Legislative Assembly by the Governor‑General\n\n (1) If, in the opinion of the Governor‑General, the Legislative Assembly:\n (a) is incapable of effectively performing its functions; or\n (b) is conducting its affairs in a grossly improper manner;\n the Governor‑General may dissolve the Legislative Assembly.\n (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.\n (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution.\n (4) The specified day must not be the polling day for:\n (a) an election of the Senate; or\n (b) a general election of the House of Representatives.\n (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.\n (6) During the period:\n (a) beginning when the Legislative Assembly is dissolved; and\n (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution;\n the Administrator:\n (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and\n (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n (7) The powers of the Governor‑General under this section are to be exercised by Proclamation.\n (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be:\n (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and\n (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution.\n (9) A notice under subsection (2) or (5) is not a legislative instrument.\n (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.\n\n40 At the end of section 42\n\nAdd:\n\n (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.\n\n41 After section 42\n\nInsert:\n\n#### 42A Resolution of no confidence in the Chief Minister\n\n (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless:\n (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and\n (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and\n (c) the resolution is passed by at least the number of members necessary to be a quorum; and\n (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly.\n (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.\n\n42 Section 49\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n43 Subsection 50(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n44 Subsection 50A(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n45 Subsection 50A(2)\n\nOmit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.\n\n46 Subsection 50D(1)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\nNote: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.\n\n47 Subsection 50D(1)\n\nOmit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.\n\n48 Subsection 50D(2)\n\nOmit “Finance Minister”, substitute “Commonwealth Finance Minister”.\n\n49 Subsection 53(2)\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n50 After section 61\n\nInsert:\n\n#### 61A Norfolk Island Public Service Values\n\n (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.\n (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.\n\n51 Section 62\n\nOmit “Minister”, substitute “responsible Commonwealth Minister”.\n\n52 Subsection 65(4)\n\nOmit “executive member”, substitute “Minister”.\n\n53 Subsection 67(2)\n\nOmit all the words after “or 3,”, substitute:\n\n but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:\n (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and\n (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).\n\n54 Item 42 of Schedule 2\n\nOmit “executive members”, substitute “Ministers”.\n\n55 Schedule 6\n\nOmit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.\n\n56 Transitional—Chief Minister\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n57 Transitional—other Ministers\n\n(1) This item applies to a person if:\n\n (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and\n (b) the person was not designated as the Chief Minister.\n\n(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.\n\n(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).\n\n58 Transitional—maximum number of Ministers\n\n(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.\n\n(2) During the period:\n\n (a) beginning at the commencement of this item; and\n (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;\n\nthe following provisions of the Norfolk Island Act 1979 as amended by this Division:\n\n (c) paragraph 12(1)(b);\n (d) the note at the end of subsection 13(2);\n\nhave effect as if each reference in those provisions to 3 were a reference to the transitional number.\n\n59 Application of amendments—nomination of Chief Minister\n\nSubsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.\n\n60 Application of amendments—presentation of proposed laws\n\nThe amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.\n\nDivision 2—Consequential amendments\n\nAboriginal and Torres Strait Islander Heritage Protection Act 1984\n\n61 Subsection 13(1) (definition of Minister)\n\nRepeal the definition.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n62 Subsection 393(3)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n63 Subsection 393(3)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\n64 Subsection 398(2)\n\nOmit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\n65 Subsection 398(2)\n\nOmit “that Act”, substitute “the Norfolk Island Act 1979”.\n\nFreedom of Information Act 1982\n\n66 Subparagraph 4(3)(a)(iii)\n\nOmit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n67 Subsection 42(4)\n\nRepeal the subsection.\n\nHistoric Shipwrecks Act 1976\n\n68 Paragraph 4A(12)(c)\n\nOmit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.\n\nInternational Criminal Court Act 2002\n\n69 Section 4 (paragraph (d) of the definition of State Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n70 Section 4 (definition of State Minister)\n\nOmit “or executive member” (wherever occurring).\n\n71 Section 4 (definition of State Minister)\n\nOmit “or executive member’s”.\n\nInternational Transfer of Prisoners Act 1997\n\n72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)\n\nOmit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.\n\n73 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member” (wherever occurring).\n\n74 Subsection 4(1) (definition of Territory Minister)\n\nOmit “or executive member’s”.\n\nNational Health Security Act 2007\n\n75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)\n\nRepeal the paragraph, substitute:\n\n (d) the Minister of Norfolk Island;\n\nPrivacy Act 1988\n\n76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)\n\nRepeal the subparagraphs.\n\nRemuneration Tribunal Act 1973\n\n77 Paragraph 3(4)(jaa)\n\nOmit “executive member”, substitute “Minister”.\n\n \n\nPart 2—Amendments relating to elections\n\nDivision 1—Dates for elections\n\nNorfolk Island Act 1979\n\n78 Subsection 35(2)\n\nOmit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.\n\n79 At the end of section 35\n\nAdd:\n\n (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.\n\nDivision 2—Other matters\n\nNorfolk Island Act 1979\n\n80 Subsection 31(3)\n\nAfter “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.\n\n81 At the end of section 31\n\nAdd:\n\n (4) The regulations may make provision for or in relation to the following matters:\n (a) the method of balloting;\n (b) the manner in which voters are to indicate their votes;\n (c) the manner in which voters’ votes are to be used to obtain a result for an election;\n (d) matters incidental or ancillary to the above matters.\n (5) The regulations may make provision for or in relation to the following matters:\n (a) the filling of casual vacancies in the offices of members of the Legislative Assembly;\n (b) matters incidental or ancillary to the above matter.\n\n82 Section 37\n\nRepeal the section.\n\n83 Before section 38\n\nInsert:\n\n#### 37A Arrangements with the Australian Electoral Commission\n\n The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:\n (a) general elections of members of the Legislative Assembly; and\n (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.\n\n84 Application of amendments\n\n(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.\n\n(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.\n\n \n\nPart 3—Amendments relating to finance\n\nNorfolk Island Act 1979\n\n85 Subsection 4(1) (definition of accounts of the Territory)\n\nRepeal the definition.\n\n86 Subsection 4(1) (definition of Auditor)\n\nRepeal the definition.\n\n87 Subsection 4(1)\n\nInsert:\n\n> Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.\n\n88 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Finance Minister’s Orders means Orders made under section 48T.\n\n89 Subsection 4(1)\n\nInsert:\n\n> Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.\n\n90 Subsection 4(1)\n\nInsert:\n\n> Federal Court means the Federal Court of Australia.\n\n91 Subsection 4(1)\n\nInsert:\n\n> financial management and accountability provisions means:\n\n (a) the provisions of Divisions 2, 3 and 4 of Part VI; or\n (b) regulations made for the purposes of a provision of Division 2 of Part VI; or\n (c) the Commonwealth Finance Minister’s Orders.\n\n92 Subsection 4(1)\n\nInsert:\n\n> money of a Territory authority means:\n\n (a) money in the custody or under the control of a Territory authority; or\n (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n93 Subsection 4(1)\n\nInsert:\n\n> performance audit has the same meaning as in the Auditor‑General Act 1997.\n\n94 Subsection 4(1)\n\nInsert:\n\n> property of a Territory authority means:\n\n (a) property in the custody or under the control of a Territory authority; or\n (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.\n\n95 Subsection 4(1)\n\nInsert:\n\n> Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).\n\n96 Subsection 4(1)\n\nInsert:\n\n> public money of the Territory means:\n\n (a) money in the custody or under the control of the Administration; or\n (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;\n and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.\n\n97 Subsection 4(1) (definition of public moneys of the Territory)\n\nRepeal the definition.\n\n98 Subsection 4(1)\n\nInsert:\n\n> public property of the Territory means:\n\n (a) property in the custody or under the control of the Administration; or\n (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;\n including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.\n\n99 Subsection 4(1)\n\nInsert:\n\n> responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.\n\n100 Subsection 4(1)\n\nInsert:\n\n> Territory authority means:\n\n (a) a body corporate established for a public purpose by or under an enactment; or\n (b) a body, entity, organisation or group of persons specified in the regulations; or\n (c) a body corporate in which:\n (i) the Administration; or\n (ii) a body corporate referred to in paragraph (a); or\n (iii) a body, entity, organisation or group of persons referred to in paragraph (b);\n has a controlling interest.\n For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.\n\n101 Section 25\n\nOmit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.\n\nNote: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.\n\n102 At the end of section 25\n\nAdd:\n\n> Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).\n\n103 Paragraph 27(3)(a)\n\nOmit “moneys”, substitute “money”.\n\n104 Section 46\n\nRepeal the section.\n\n105 Before section 47\n\nInsert:\n\n### Division 1—Public Account of Norfolk Island\n\n106 Subsections 47(1) and (2)\n\nOmit “public moneys”, substitute “public money”.\n\n107 Subsection 47(4)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n108 Subsection 47(4)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n109 Subsection 47(4)\n\nOmit “those moneys”, substitute “that money”.\n\n110 Subsection 47(5)\n\nAfter “Public Account”, insert “of Norfolk Island”.\n\n111 Subsection 47(5)\n\nOmit “moneys” (first occurring), substitute “money”.\n\n112 Subsection 47(5)\n\nOmit “those moneys”, substitute “that money”.\n\n113 Subsection 48(1)\n\nOmit “moneys”, substitute “money”.\n\n114 Subsection 48(1)\n\nAfter “by”, insert “an appropriation made by”.\n\n115 At the end of subsection 48(1)\n\nAdd:\n\n> Note: See also section 25 (proposal of money Bills).\n\n116 Subsection 48(2)\n\nOmit “moneys”, substitute “money”.\n\n117 After section 48\n\nInsert:\n\n### Division 2—Financial management and accountability\n\n#### 48A Preparation of annual budgets by the Minister for Finance\n\n (1) The Minister for Finance must prepare annual budgets in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) Annual budgets must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) Annual budgets must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared.\n (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared.\n (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister.\n\n#### 48B Preparation of annual financial statements by the Minister for Finance\n\n (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared.\n (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period.\n\n#### 48C Audit of annual financial statements\n\n (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.\n (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.\n (3) The Auditor‑General must give a copy of each report to:\n (a) the Minister for Finance; and\n (b) the responsible Commonwealth Minister; and\n (c) the Administrator.\n (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.\n (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:\n (a) a copy of the report; and\n (b) a copy of the annual financial statements to which the report relates;\n to be tabled in each House of the Parliament.\n\n#### 48D Audit fees for statement audits\n\n (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.\n (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.\n (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.\n (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned.\n (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.\n\n#### 48E Performance audits\n\n (1) The Auditor‑General may at any time conduct a performance audit of:\n (a) the Administration; or\n (b) a Territory authority.\n (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:\n (a) cause a copy of the report to be tabled in each House of the Parliament; and\n (b) give a copy of the report to:\n (i) the Minister for Finance; and\n (ii) the responsible Commonwealth Minister; and\n (iii) the Administrator; and\n (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and\n (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.\n (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly.\n\n#### 48F Comments on proposed performance audit report\n\n (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.\n (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.\n (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.\n (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.\n (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).\n\n#### 48G Audits—application of the Auditor‑General Act 1997\n\n (1) The Auditor‑General Act 1997 extends to Norfolk Island.\n (2) The Auditor‑General Act 1997 has effect as if:\n (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and\n (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and\n (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and\n (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and\n (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and\n (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority.\n (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:\n (a) the Administration; or\n (b) a Territory authority;\n as if:\n (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and\n (d) a reference in that section to the Cabinet included a reference to a body that:\n (i) consists of Ministers of Norfolk Island; and\n (ii) corresponds to the Cabinet; and\n (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and\n (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and\n (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and\n (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and\n (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and\n (j) a reference in that section to a responsible Minister were a reference to both:\n (i) a Minister of Norfolk Island; and\n (ii) the responsible Commonwealth Minister.\n\n#### 48H Preparation of periodic financial statements by the Minister for Finance\n\n (1) The Minister for Finance must prepare periodic financial statements in relation to:\n (a) the Administration; and\n (b) each Territory authority.\n (2) The statements must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The statements must be prepared within the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared.\n (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared.\n (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister.\n\n#### 48J Preparation of annual report by Chief Executive Officer\n\n (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of:\n (a) the Administration; and\n (b) Territory authorities;\n during that year.\n (2) The report must be prepared in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report.\n (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator.\n (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.\n\n#### 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:\n (a) section 48A; or\n (b) section 48B; or\n (c) section 48H; or\n (d) regulations made for the purposes of this Part; or\n (e) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority\n\n Scope\n (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n Requirement\n (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.\n (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.\n Compliance\n (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.\n\n#### 48M Promoting efficient, effective and ethical use etc. of Administration resources\n\n (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.\n (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.\n (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.\n (3) In this section:\n\n> proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.\n\n#### 48P Accounts and records of the Administration\n\n (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48Q Accounts and records of Territory authorities\n\n (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.\n (2) The accounts and records must be prepared and kept in accordance with:\n (a) the regulations; and\n (b) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:\n (a) the regulations; or\n (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.\n\n#### 48R Regulations about financial management and accountability—Administration\n\n (1) The regulations may make provision in relation to the following matters:\n (a) public money of the Territory;\n (b) public property of the Territory;\n (c) other resources of the Administration.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of public money of the Territory;\n (b) financial and accounting systems in relation to:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (c) the control and management of grants of public money of the Territory;\n (d) the control and management of public property of the Territory;\n (e) the procurement of property and services by the Administration;\n (f) the disposal of public property of the Territory;\n (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration;\n (b) proper accountability for the use and management of:\n (i) public money of the Territory; or\n (ii) public property of the Territory; or\n (iii) other resources of the Administration.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48S Regulations about financial management and accountability—Territory authorities\n\n (1) The regulations may make provision in relation to the following matters:\n (a) money of a Territory authority;\n (b) property of a Territory authority;\n (c) other resources of a Territory authority.\n (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:\n (a) the control and management of money of a Territory authority;\n (b) financial and accounting systems in relation to:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (c) the control and management of grants of money of a Territory authority;\n (d) the control and management of property of a Territory authority;\n (e) the procurement of property and services by a Territory authority;\n (f) the disposal of property of a Territory authority;\n (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.\n (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:\n (a) the proper use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority;\n (b) proper accountability for the use and management of:\n (i) money of a Territory authority; or\n (ii) property of a Territory authority; or\n (iii) other resources of a Territory authority.\n (4) Regulations made for the purposes of subsection (1) may confer functions or powers on:\n (a) the Auditor‑General; or\n (b) the Minister for Finance; or\n (c) the Chief Executive Officer; or\n (d) the responsible manager or managers of a Territory authority.\n (5) Subsections (2), (3) and (4) do not limit subsection (1).\n (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.\n\n#### 48T Commonwealth Finance Minister’s Orders\n\n (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:\n (a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and\n (b) on any matter on which regulations may be made for the purposes of:\n (i) subsection 48R(1); or\n (ii) subsection 48S(1).\n (2) An Order cannot create offences or impose penalties.\n (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.\n\n118 Before section 49\n\nInsert:\n\n### Division 3—Borrowing etc.\n\n119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G\n\nRepeal the sections, substitute:\n\n### Division 4—Commonwealth Ministers to be kept informed\n\n#### 51 Minister for Finance must keep responsible Commonwealth Minister informed\n\n (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51A Minister for Finance must keep Commonwealth Finance Minister informed\n\n (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n#### 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.\n\n#### 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed\n\n (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.\n (2) A report, document or information required under subsection (1) must be relevant to:\n (a) this Part; or\n (b) regulations made for the purposes of this Part; or\n (c) the Commonwealth Finance Minister’s Orders.\n (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.\n\n### Division 5—Commonwealth Financial Officer for Norfolk Island\n\n#### 51D Commonwealth Financial Officer for Norfolk Island\n\n (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.\n (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:\n (a) be appointed by the Governor‑General; and\n (b) hold office during the pleasure of the Governor‑General.\n (3) The regulations may:\n (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:\n (i) the receipt or payment of money by the Administration or a Territory authority; or\n (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and\n (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.\n (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.\n (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.\n\n### Division 6—Injunctions\n\n#### 51E Injunctions—enforcement of financial management and accountability provisions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;\n the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.\n Grant of interim injunction\n (3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.\n No undertakings as to damages\n (4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.\n Discharge or variation of injunctions\n (5) The Federal Court may discharge or vary an injunction granted under this section.\n Certain limits on granting injunctions not to apply\n (6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n Other powers of the Federal Court unaffected\n (8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.\n\n120 Application—annual budgets\n\nSection 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n121 Application—annual financial statements\n\nSection 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n122 Application—periodic financial statements\n\nSection 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.\n\n123 Application—annual reports\n\nSection 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n124 Transitional—audit\n\nDespite the following repeals effected by this Part:\n\n (a) the repeal of the definition of accounts of the Territory in subsection 4(1);\n (b) the repeal of the definition of Auditor in subsection 4(1);\n (c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G;\n\nthe Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:\n\n (d) an inspection and audit under section 51C of the Norfolk Island Act 1979 that relates to:\n (i) the financial year that began on 1 July 2010; or\n (ii) an earlier financial year; and\n (e) a report on the inspection and audit;\n\nas if those repeals had not been effected.\n\n125 Transitional—pre‑commencement appropriation\n\nIf any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.\n\n \n\nPart 4—Amendments relating to the Administrative Appeals Tribunal\n\nAdministrative Appeals Tribunal Act 1975\n\n126 Subsection 3(1)\n\nInsert:\n\n> authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.\n\n127 Subsection 3(1) (paragraph (b) of the definition of enactment)\n\nOmit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.\n\n128 Subsection 3(1) (at the end of the definition of enactment)\n\nAdd:\n\n> Note: See also subsection 25(8) (Norfolk Island enactments).\n\n129 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n130 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n131 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n132 After subsection 25(1)\n\nInsert:\n\n (2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.\n\n133 Subsection 25(3)\n\nAfter “(1)”, insert “or (2)”.\n\n134 After subsection 25(5)\n\nInsert:\n\n (5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:\n (a) that Norfolk Island enactment; or\n (b) another Norfolk Island enactment having effect under that Norfolk Island enactment;\n as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.\n\n135 At the end of section 25\n\nAdd:\n\n Norfolk Island enactment\n (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:\n (a) the definition of authority of the Commonwealth in subsection 3(1); and\n (b) subsections (1), (5) and (6) of this section; and\n (c) subsection 21(1); and\n (d) subsection 27(1); and\n (e) paragraph 27A(2)(b); and\n (f) paragraph 33(1)(a); and\n (g) paragraph 43B(1)(a); and\n (h) section 59;\n has effect as if:\n (i) the primary Norfolk Island enactment; and\n (j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;\n were an enactment (within the meaning of this Act).\n\n136 Paragraph 26(1)(a)\n\nBefore “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.\n\n137 After paragraph 26(1)(a)\n\nInsert:\n\n (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or\n\n138 Subsection 27(1)\n\nAfter “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.\n\n139 At the end of subsection 27(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n140 Paragraph 27A(2)(a)\n\nAfter “25(5)”, insert “or (5A)”.\n\n141 Paragraph 29(1)(d)\n\nAfter “25(5)”, insert “or (5A)”.\n\n142 Subsection 29(3)\n\nAfter “25(5)” (wherever occurring), insert “or (5A)”.\n\n143 At the end of section 36B\n\nAdd:\n\n Norfolk Island\n (6) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n> State includes Norfolk Island.\n\n144 At the end of section 36C\n\nAdd:\n\n Norfolk Island\n (4) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n145 At the end of section 36D\n\nAdd:\n\n Norfolk Island\n (8) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n146 At the end of subsection 43B(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n147 Section 59\n\nBefore “If an enactment”, insert “(1)”.\n\n148 At the end of section 59\n\nAdd:\n\n (2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:\n (a) arising under a Norfolk Island enactment; and\n (b) referred to the Tribunal in accordance with the regulations;\n and, for the purpose of giving such an opinion, the Tribunal may hold such hearings and inform itself in such manner as it thinks appropriate.\n\n149 Subsection 66(4)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n150 Section 66A\n\nBefore “If:”, insert “(1)”.\n\n151 At the end of section 66A\n\nAdd:\n\n (2) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n152 Section 67A\n\nBefore “A notice”, insert “(1)”.\n\n153 Section 67A\n\nAfter “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.\n\n154 At the end of section 67A\n\nAdd:\n\n (2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).\n\n \n\nPart 5—Amendments relating to freedom of information\n\nFreedom of Information Act 1982\n\n155 Subsection 3(1)\n\nAfter “the Commonwealth”, insert “or the Government of Norfolk Island”.\n\n156 Subsection 4(1) (definition of agency)\n\nOmit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.\n\n157 Subsection 4(1)\n\nInsert:\n\n> Australia, when used in a geographical sense, includes Norfolk Island.\n\n158 Subsection 4(1) (definition of Cabinet)\n\nRepeal the definition, substitute:\n\n> Cabinet includes:\n\n (a) a committee of the Cabinet; and\n (b) a body that:\n (i) consists of Norfolk Island Ministers; and\n (ii) corresponds to the Cabinet.\n\n159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n161 Subsection 4(1)\n\nInsert:\n\n> Minister includes a Norfolk Island Minister.\n\n162 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island authority means:\n\n (a) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (b) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (c) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (d) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment.\n\n163 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n164 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n165 Subsection 4(1) (at the end of the definition of principal officer)\n\nAdd:\n\n ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.\n\n166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)\n\nAdd “or”.\n\n167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)\n\nInsert:\n\n (e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;\n\n168 After subsection 4(3)\n\nInsert:\n\n (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:\n (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and\n (b) the unincorporated body is taken to be comprised within that Norfolk Island authority.\n (3B) A person is not taken to be a Norfolk Island authority:\n (a) because he or she holds:\n (i) an office of member of the Legislative Assembly of Norfolk Island; or\n (ii) the office of Administrator of Norfolk Island; or\n (iii) an office of Deputy Administrator of Norfolk Island; or\n (iv) an office of Norfolk Island Minister; or\n (b) because he or she holds, or performs the duties of:\n (i) a prescribed office; or\n (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or\n (iii) an office of member of a Norfolk Island authority; or\n (iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.\n\n169 After section 4A\n\nInsert:\n\n#### 4B Extension to Norfolk Island\n\n This Act extends to Norfolk Island.\n\n170 Section 5\n\nBefore “For the purposes”, insert “(1)”.\n\n171 Paragraph 5(a)\n\nAfter “court”, insert “(other than a court of Norfolk Island)”.\n\n172 Paragraph 5(b)\n\nAfter “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.\n\n173 Paragraph 5(b)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n174 Paragraph 5(c)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n175 At the end of section 5\n\nAdd:\n\n (2) For the purposes of this Act:\n (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and\n (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (c) if:\n (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and\n (ii) the office is established by a Norfolk Island enactment;\n the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;\n but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.\n\n176 Paragraph 8(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) details of the following appointments:\n (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);\n (ii) appointments of officers of the agency that are made under Norfolk Island enactments (other than officers appointed or employed under the Public Sector Management Act 2000 of Norfolk Island);\n\n177 At the end of paragraph 8(2)(e)\n\nAdd “or the Legislative Assembly of Norfolk Island”.\n\n178 Paragraph 8(2)(h)\n\nAfter “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.\n\n179 At the end of paragraph 8(2)(h)\n\nAdd “or the Legislative Assembly of Norfolk Island, as the case may be”.\n\n180 At the end of section 8 (before the notes)\n\nAdd:\n\n Definition\n (6) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n181 At the end of section 8C\n\nAdd:\n\n Definition\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n182 At the end of Part II\n\nAdd:\n\n#### 10B Transitional—Norfolk Island authorities\n\n This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.\n\n183 After paragraph 11B(4)(a)\n\nInsert:\n\n (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;\n\n184 Section 12\n\nBefore “A person is not entitled”, insert “(1)”.\n\n185 At the end of section 12\n\nAdd:\n\n (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:\n (a) a document of a Norfolk Island agency; or\n (b) an official document of a Norfolk Island Minister;\n more than 5 years before the commencement of this subsection unless:\n (c) the document, or that part of the document, contains information that is:\n (i) personal information about that person; or\n (ii) information relating to that person’s business, commercial or financial affairs; or\n (d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of:\n (i) a document of a Norfolk Island agency; or\n (ii) an official document of a Norfolk Island Minister;\n to which that person has lawfully had access.\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n186 Subsection 15(6)\n\nAfter “26A,”, insert “26AA,”.\n\nNote: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.\n\n187 Paragraph 20(3)(c)\n\nOmit “or a State”, substitute “, Norfolk Island or a State”.\n\n188 At the end of paragraphs 21(1)(a) and (b)\n\nAdd “or”.\n\n189 At the end of subsection 21(1)\n\nAdd:\n\n ; or (e) if:\n (i) the request is received by a Norfolk Island Minister or a Norfolk Island authority; and\n (ii) a Norfolk Island Minister considers that the document concerned is of such general public interest that the Legislative Assembly of Norfolk Island should be informed of the contents of the document before the document is otherwise made public;\n until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.\n\n190 Subparagraph 26A(1)(c)(i)\n\nAfter “relations”, insert “etc.”.\n\n191 At the end of section 26A\n\nAdd:\n\n Definition\n (6) In this section:\n\n> State includes Norfolk Island.\n\nNote: The heading to section 26A is altered by adding at the end “etc.”.\n\n192 After section 26A\n\nInsert:\n\n#### 26AA Consultation—documents affecting Norfolk Island intergovernmental relations\n\n Scope\n (1) This section applies if:\n (a) either:\n (i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or\n (ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and\n (b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or\n (ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and\n (c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the State or an authority of the State; or\n (ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and\n (d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and\n (e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).\n\n> Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).\n\n Consultation required\n (2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:\n (a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or\n (b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.\n Decision to give access\n (3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; and\n (b) if subparagraph (1)(a)(ii) applies—the State; and\n (c) in any case—the applicant.\n Access not to be given until review or appeal opportunities have run out\n (4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; or\n (b) if subparagraph (1)(a)(ii) applies—the State;\n for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.\n\n> Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).\n\n> Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).\n\n Edited copies, Commonwealth‑originated information and State‑originated information\n (5) This section applies:\n (a) in relation to an edited copy of a document in the same way as it applies to the document; and\n (b) in relation to a document containing Commonwealth‑originated information—to the extent to which the document contains such information; and\n (c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.\n\n193 At the end of section 38\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n194 Subsection 45(1)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n195 Subsection 45(2)\n\nAfter “prescribed authority”, insert “or Norfolk Island authority”.\n\n196 Paragraph 45(2)(b)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n197 Subsection 47(3)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n198 Subsection 47A(1) (at the end of the definition of electoral roll)\n\nAdd:\n\n ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or\n (d) any part of an electoral roll referred to in paragraph (c).\n\n199 At the end of section 47B (before the note)\n\nAdd:\n\n ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or\n (d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or\n (e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or\n (f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.\n\nNote: The heading to section 47B is altered by adding at the end “etc.”.\n\n200 Subsection 47C(1)\n\nOmit all the words after “involved in”, substitute:\n\n the functions of:\n (a) an agency; or\n (b) a Minister; or\n (c) the Government of the Commonwealth; or\n (d) the Government of Norfolk Island.\n\n201 Section 47D\n\nAfter “the Commonwealth”, insert “, of Norfolk Island”.\n\nNote: The heading to section 47D is altered by adding at the end “or Norfolk Island”.\n\n202 Paragraph 47E(c)\n\nAfter “the Commonwealth”, insert “, by Norfolk Island”.\n\n203 Paragraph 47G(1)(b)\n\nAfter “to the Commonwealth”, insert “, Norfolk Island”.\n\n204 Subsection 47G(4)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n205 After subsection 47J(2)\n\nInsert:\n\n (2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.\n\n206 Paragraph 47J(3)(g)\n\nAfter “by the Commonwealth,”, insert “Norfolk Island,”.\n\n207 Paragraph 47J(3)(g)\n\nAfter “of the Commonwealth”, insert “, of Norfolk Island”.\n\n208 Section 53B\n\nBefore “An access grant decision”, insert “(1)”.\n\n209 Section 53B (note)\n\nOmit “item 1”, substitute “items 1 and 1A”.\n\n210 Section 53B (table item 1)\n\nAfter “relations” (wherever occurring), insert “etc.”.\n\n211 Section 53B (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5). |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n212 At the end of section 53B\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n213 Section 53C\n\nBefore “The following table”, insert “(1)”.\n\n214 Section 53C (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | the Commonwealth or the State, as the case may be. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n\n215 At the end of section 53C\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n216 Paragraph 54P(1)(a)\n\nAfter “26A,”, insert “26AA,”.\n\n217 Paragraph 54S(2)(b)\n\nAfter “26A,”, insert “26AA,”.\n\n218 Subsection 54Y(2) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n219 Subsection 55G(1) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n220 At the end of section 55M\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n221 At the end of section 58AA\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n222 Subsection 60AA(1)\n\nAfter “26A,”, insert “26AA,”.\n\n223 Subsection 61(2)\n\nAfter “26A,”, insert “26AA,”.\n\n224 At the end of subsection 66(1)\n\nAdd “or Norfolk Island”.\n\n225 Subsection 74(1)\n\nOmit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:\n\n dealt with:\n (a) by the Ombudsman under the Ombudsman Act 1976; or\n (b) by the Ombudsman under a particular Norfolk Island enactment.\n\n226 Subsection 74(5)\n\nOmit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.\n\n227 At the end of section 74 (before the note)\n\nAdd:\n\n (6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.\n\n228 At the end of section 89D\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n229 At the end of section 89J\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n230 Subsection 90(1)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n231 Subsection 91(1A)\n\nAfter “26A,”, insert “26AA,”.\n\n232 Subsection 91(1B)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n233 Subsection 91(1B)\n\nAfter “26A,”, insert “26AA,”.\n\n234 After paragraph 91(1C)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n235 After paragraph 91(1C)(d)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n236 After paragraph 91(2A)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n237 At the end of section 91\n\nAdd:\n\n (4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.\n\n238 After paragraph 92(2)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n239 At the end of section 92\n\nAdd:\n\n (3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.\n\n \n\nPart 6—Amendments relating to the Ombudsman\n\nNorfolk Island Act 1979\n\n240 After section 66\n\nInsert:\n\n#### 66A Reports by Ombudsman\n\n Scope\n (1) This section applies if an enactment:\n (a) requires that the Commonwealth Ombudsman must give a report to a Minister; and\n (b) requires that the Minister must cause the report to be tabled in the Legislative Assembly.\n Requirement\n (2) The Minister must give a copy of the report to the responsible Commonwealth Minister.\n (3) The responsible Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the responsible Commonwealth Minister receives the report.\n\n> Note: See also section 4 of the Ombudsman Act 1976.\n\nOmbudsman Act 1976\n\n241 At the end of subsection 4(2)\n\nAdd:\n\n ; or (d) an enactment of Norfolk Island.\n\n242 At the end of section 4\n\nAdd:\n\n (6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.\n\nPart 7—Amendments relating to privacy\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n243 After subsection 23(1)\n\nInsert:\n\n (1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.\n\nPrivacy Act 1988\n\n244 Subsection 6(1) (after paragraph (h) of the definition of agency)\n\nInsert:\n\n (ha) a Norfolk Island agency; or\n\n245 Subsection 6(1)\n\nInsert:\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n246 Subsection 6(1) (definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n247 Subsection 6(1)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n248 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island agency means:\n\n (a) a Norfolk Island Minister; or\n (b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (d) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (f) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment; or\n (g) a court of Norfolk Island.\n\n249 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n250 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n251 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n252 At the end of paragraphs 6(5)(a), (b) and (c)\n\nAdd “or”.\n\n253 After paragraph 6(5)(c)\n\nInsert:\n\n (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or\n\n254 At the end of subsection 6(5)\n\nAdd:\n\n ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.\n\n255 After subsection 6(10)\n\nInsert:\n\n (10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.\n\n256 At the end of subparagraphs 7(1)(a)(i) and (ii)\n\nAdd “or”.\n\n257 After subparagraph 7(1)(a)(ii)\n\nInsert:\n\n (iia) a court of Norfolk Island; or\n\n258 At the end of subparagraph 7(1)(a)(iii)\n\nAdd “or”.\n\n259 After subparagraph 7(1)(a)(iii)\n\nInsert:\n\n (iiiaa) a Norfolk Island Minister; or\n\n260 After paragraph 7(1)(b)\n\nInsert:\n\n (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or\n\n261 Paragraphs 7(1)(d) and (e)\n\nAfter “other than”, insert “a Norfolk Island agency,”.\n\n262 After paragraph 7(1)(e)\n\nInsert:\n\n (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or\n (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or\n\n263 Paragraph 8(1)(b)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n264 Subsection 9(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n265 Subsection 10(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n266 Subsection 11(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n267 After subsection 15(1)\n\nInsert:\n\n (1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.\n\n268 Before section 16\n\nInsert:\n\n#### 15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island\n\n In relation to a record‑keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.\n\n269 Paragraph 27(1)(b)\n\nBefore “) a proposed”, insert “or a Norfolk Island Minister”.\n\n270 Paragraph 27(1)(f)\n\nBefore “, agency”, insert “, a Norfolk Island Minister”.\n\n271 Paragraph 27(1)(k)\n\nBefore “) a proposal”, insert “or a Norfolk Island Minister”.\n\n272 Paragraph 30(3)(d)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n273 Subsection 30(4)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n274 At the end of section 33\n\nAdd:\n\n Norfolk Island\n (5) In this section:\n\n> State includes Norfolk Island.\n\n275 At the end of Division 3 of Part IV\n\nAdd:\n\n#### 33B Copies of certain reports to be given to the Norfolk Island Justice Minister\n\n (1) If:\n (a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and\n (b) the report relates to a Norfolk Island matter;\n the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.\n (2) For the purposes of this section, a report relates to a Norfolk Island matter if:\n (a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or\n (b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or\n (c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.\n\n276 Paragraph 34(2)(a)\n\nBefore “, being”, insert “or a Norfolk Island Minister”.\n\n277 At the end of paragraph 34(2)(b)\n\nAdd “or a Norfolk Island Minister”.\n\n278 Section 37 (after table item 5)\n\nInsert:\n\n| 5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| --- | --------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- |\n| 5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |\n\n279 Subsection 43(7)\n\nBefore “that the matter”, insert “or Norfolk Island Minister (if any)”.\n\n280 Subsection 43(8)\n\nBefore “concerned”, insert “or a Norfolk Island Minister”.\n\n281 Subsection 43(8A)\n\nAfter “a Minister”, insert “or a Norfolk Island Minister”.\n\n282 At the end of paragraph 43(9)(b)\n\nAdd “or Norfolk Island Minister”.\n\n283 Subsection 50(1)\n\nInsert:\n\n> Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.\n\n284 After subparagraph 50(2)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under a particular Norfolk Island enactment; or\n\n285 At the end of paragraph 50(2)(b)\n\nAdd “or”.\n\n286 After paragraph 50(2)(b)\n\nInsert:\n\n (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n287 After subparagraph 50(3)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under the Norfolk Island enactment concerned; or\n\n288 At the end of paragraph 50(3)(b)\n\nAdd “or”.\n\n289 After paragraph 50(3)(b)\n\nInsert:\n\n (c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n290 Before subsection 60(3)\n\nInsert:\n\n (2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.\n\n291 At the end of section 66\n\nAdd:\n\n Norfolk Island\n (12) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n292 At the end of subsection 68(1)\n\nAdd “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.\n\n293 At the end of section 70\n\nAdd:\n\n (4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:\n (a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or\n (b) the production to the Commissioner of a specified document or other record;\n would be contrary to the public interest because it would:\n (c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or\n (d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or\n (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or\n (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or\n (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or\n (h) endanger the life or physical safety of any person;\n the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.\n\n294 Subsection 80G(1) (definition of secrecy provision)\n\nOmit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.\n\n295 After subsection 80R(1)\n\nInsert:\n\n (1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.\n\n296 At the end of section 89\n\nAdd:\n\n ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.\n\n297 Application—Commonwealth contracts\n\nTo the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.\n\n \n\nSchedule 2—Amendments relating to Christmas Island\n\nChristmas Island Act 1958\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Christmas Island Act 1958; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Christmas Island Act 1958 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Christmas Island Act 1958 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Christmas Island Act 1958 as amended by this Schedule.\n\n \n\nSchedule 3—Amendments relating to the Cocos (Keeling) Islands\n\nCocos (Keeling) Islands Act 1955\n\n1 Section 8G\n\nRepeal the section, substitute:\n\n#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.","sortOrder":45},{"sectionNumber":"51E","sectionType":"section","heading":"Injunctions—enforcement of financial management and accountability provisions","content":"#### 51E Injunctions—enforcement of financial management and accountability provisions\n\n Restraining injunctions\n (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:\n (a) restraining the person from engaging in the conduct; and\n (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n Performance injunctions\n (2) If:\n (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;\n the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.\n Grant of interim injunction\n (3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.\n No undertakings as to damages\n (4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.\n Discharge or variation of injunctions\n (5) The Federal Court may discharge or vary an injunction granted under this section.\n Certain limits on granting injunctions not to apply\n (6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:\n (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n (7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:\n (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.\n Other powers of the Federal Court unaffected\n (8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.\n\n120 Application—annual budgets\n\nSection 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n121 Application—annual financial statements\n\nSection 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n122 Application—periodic financial statements\n\nSection 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.\n\n123 Application—annual reports\n\nSection 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:\n\n (a) the financial year beginning on 1 July 2011; or\n (b) a later financial year.\n\n124 Transitional—audit\n\nDespite the following repeals effected by this Part:\n\n (a) the repeal of the definition of accounts of the Territory in subsection 4(1);\n (b) the repeal of the definition of Auditor in subsection 4(1);\n (c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G;\n\nthe Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:\n\n (d) an inspection and audit under section 51C of the Norfolk Island Act 1979 that relates to:\n (i) the financial year that began on 1 July 2010; or\n (ii) an earlier financial year; and\n (e) a report on the inspection and audit;\n\nas if those repeals had not been effected.\n\n125 Transitional—pre‑commencement appropriation\n\nIf any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.\n\n \n\nPart 4—Amendments relating to the Administrative Appeals Tribunal\n\nAdministrative Appeals Tribunal Act 1975\n\n126 Subsection 3(1)\n\nInsert:\n\n> authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.\n\n127 Subsection 3(1) (paragraph (b) of the definition of enactment)\n\nOmit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.\n\n128 Subsection 3(1) (at the end of the definition of enactment)\n\nAdd:\n\n> Note: See also subsection 25(8) (Norfolk Island enactments).\n\n129 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n130 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n131 Subsection 3(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n132 After subsection 25(1)\n\nInsert:\n\n (2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.\n\n133 Subsection 25(3)\n\nAfter “(1)”, insert “or (2)”.\n\n134 After subsection 25(5)\n\nInsert:\n\n (5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:\n (a) that Norfolk Island enactment; or\n (b) another Norfolk Island enactment having effect under that Norfolk Island enactment;\n as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.\n\n135 At the end of section 25\n\nAdd:\n\n Norfolk Island enactment\n (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:\n (a) the definition of authority of the Commonwealth in subsection 3(1); and\n (b) subsections (1), (5) and (6) of this section; and\n (c) subsection 21(1); and\n (d) subsection 27(1); and\n (e) paragraph 27A(2)(b); and\n (f) paragraph 33(1)(a); and\n (g) paragraph 43B(1)(a); and\n (h) section 59;\n has effect as if:\n (i) the primary Norfolk Island enactment; and\n (j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;\n were an enactment (within the meaning of this Act).\n\n136 Paragraph 26(1)(a)\n\nBefore “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.\n\n137 After paragraph 26(1)(a)\n\nInsert:\n\n (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or\n\n138 Subsection 27(1)\n\nAfter “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.\n\n139 At the end of subsection 27(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n140 Paragraph 27A(2)(a)\n\nAfter “25(5)”, insert “or (5A)”.\n\n141 Paragraph 29(1)(d)\n\nAfter “25(5)”, insert “or (5A)”.\n\n142 Subsection 29(3)\n\nAfter “25(5)” (wherever occurring), insert “or (5A)”.\n\n143 At the end of section 36B\n\nAdd:\n\n Norfolk Island\n (6) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n> State includes Norfolk Island.\n\n144 At the end of section 36C\n\nAdd:\n\n Norfolk Island\n (4) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n145 At the end of section 36D\n\nAdd:\n\n Norfolk Island\n (8) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n146 At the end of subsection 43B(1)\n\nAdd:\n\n> Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).\n\n147 Section 59\n\nBefore “If an enactment”, insert “(1)”.\n\n148 At the end of section 59\n\nAdd:\n\n (2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:\n (a) arising under a Norfolk Island enactment; and\n (b) referred to the Tribunal in accordance with the regulations;\n and, for the purpose of giving such an opinion, the Tribunal may hold such hearings and inform itself in such manner as it thinks appropriate.\n\n149 Subsection 66(4)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n150 Section 66A\n\nBefore “If:”, insert “(1)”.\n\n151 At the end of section 66A\n\nAdd:\n\n (2) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n152 Section 67A\n\nBefore “A notice”, insert “(1)”.\n\n153 Section 67A\n\nAfter “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.\n\n154 At the end of section 67A\n\nAdd:\n\n (2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).\n\n \n\nPart 5—Amendments relating to freedom of information\n\nFreedom of Information Act 1982\n\n155 Subsection 3(1)\n\nAfter “the Commonwealth”, insert “or the Government of Norfolk Island”.\n\n156 Subsection 4(1) (definition of agency)\n\nOmit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.\n\n157 Subsection 4(1)\n\nInsert:\n\n> Australia, when used in a geographical sense, includes Norfolk Island.\n\n158 Subsection 4(1) (definition of Cabinet)\n\nRepeal the definition, substitute:\n\n> Cabinet includes:\n\n (a) a committee of the Cabinet; and\n (b) a body that:\n (i) consists of Norfolk Island Ministers; and\n (ii) corresponds to the Cabinet.\n\n159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n161 Subsection 4(1)\n\nInsert:\n\n> Minister includes a Norfolk Island Minister.\n\n162 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island authority means:\n\n (a) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (b) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (c) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (d) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment.\n\n163 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n164 Subsection 4(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n165 Subsection 4(1) (at the end of the definition of principal officer)\n\nAdd:\n\n ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.\n\n166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)\n\nAdd “or”.\n\n167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)\n\nInsert:\n\n (e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;\n\n168 After subsection 4(3)\n\nInsert:\n\n (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:\n (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and\n (b) the unincorporated body is taken to be comprised within that Norfolk Island authority.\n (3B) A person is not taken to be a Norfolk Island authority:\n (a) because he or she holds:\n (i) an office of member of the Legislative Assembly of Norfolk Island; or\n (ii) the office of Administrator of Norfolk Island; or\n (iii) an office of Deputy Administrator of Norfolk Island; or\n (iv) an office of Norfolk Island Minister; or\n (b) because he or she holds, or performs the duties of:\n (i) a prescribed office; or\n (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or\n (iii) an office of member of a Norfolk Island authority; or\n (iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.\n\n169 After section 4A\n\nInsert:","sortOrder":46},{"sectionNumber":"4B","sectionType":"section","heading":"Extension to Norfolk Island","content":"#### 4B Extension to Norfolk Island\n\n This Act extends to Norfolk Island.\n\n170 Section 5\n\nBefore “For the purposes”, insert “(1)”.\n\n171 Paragraph 5(a)\n\nAfter “court”, insert “(other than a court of Norfolk Island)”.\n\n172 Paragraph 5(b)\n\nAfter “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.\n\n173 Paragraph 5(b)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n174 Paragraph 5(c)\n\nAfter “a court”, insert “(other than a court of Norfolk Island)”.\n\n175 At the end of section 5\n\nAdd:\n\n (2) For the purposes of this Act:\n (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and\n (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (c) if:\n (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and\n (ii) the office is established by a Norfolk Island enactment;\n the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and\n (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;\n but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.\n\n176 Paragraph 8(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) details of the following appointments:\n (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);\n (ii) appointments of officers of the agency that are made under Norfolk Island enactments (other than officers appointed or employed under the Public Sector Management Act 2000 of Norfolk Island);\n\n177 At the end of paragraph 8(2)(e)\n\nAdd “or the Legislative Assembly of Norfolk Island”.\n\n178 Paragraph 8(2)(h)\n\nAfter “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.\n\n179 At the end of paragraph 8(2)(h)\n\nAdd “or the Legislative Assembly of Norfolk Island, as the case may be”.\n\n180 At the end of section 8 (before the notes)\n\nAdd:\n\n Definition\n (6) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n181 At the end of section 8C\n\nAdd:\n\n Definition\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n182 At the end of Part II\n\nAdd:","sortOrder":47},{"sectionNumber":"10B","sectionType":"section","heading":"Transitional—Norfolk Island authorities","content":"#### 10B Transitional—Norfolk Island authorities\n\n This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.\n\n183 After paragraph 11B(4)(a)\n\nInsert:\n\n (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;\n\n184 Section 12\n\nBefore “A person is not entitled”, insert “(1)”.\n\n185 At the end of section 12\n\nAdd:\n\n (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:\n (a) a document of a Norfolk Island agency; or\n (b) an official document of a Norfolk Island Minister;\n more than 5 years before the commencement of this subsection unless:\n (c) the document, or that part of the document, contains information that is:\n (i) personal information about that person; or\n (ii) information relating to that person’s business, commercial or financial affairs; or\n (d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of:\n (i) a document of a Norfolk Island agency; or\n (ii) an official document of a Norfolk Island Minister;\n to which that person has lawfully had access.\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n186 Subsection 15(6)\n\nAfter “26A,”, insert “26AA,”.\n\nNote: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.\n\n187 Paragraph 20(3)(c)\n\nOmit “or a State”, substitute “, Norfolk Island or a State”.\n\n188 At the end of paragraphs 21(1)(a) and (b)\n\nAdd “or”.\n\n189 At the end of subsection 21(1)\n\nAdd:\n\n ; or (e) if:\n (i) the request is received by a Norfolk Island Minister or a Norfolk Island authority; and\n (ii) a Norfolk Island Minister considers that the document concerned is of such general public interest that the Legislative Assembly of Norfolk Island should be informed of the contents of the document before the document is otherwise made public;\n until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.\n\n190 Subparagraph 26A(1)(c)(i)\n\nAfter “relations”, insert “etc.”.\n\n191 At the end of section 26A\n\nAdd:\n\n Definition\n (6) In this section:\n\n> State includes Norfolk Island.\n\nNote: The heading to section 26A is altered by adding at the end “etc.”.\n\n192 After section 26A\n\nInsert:","sortOrder":48},{"sectionNumber":"26AA","sectionType":"section","heading":"Consultation—documents affecting Norfolk Island intergovernmental relations","content":"#### 26AA Consultation—documents affecting Norfolk Island intergovernmental relations\n\n Scope\n (1) This section applies if:\n (a) either:\n (i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or\n (ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and\n (b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or\n (ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and\n (c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:\n (i) originated with, or was received from, the State or an authority of the State; or\n (ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and\n (d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and\n (e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:\n (i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and\n (ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).\n\n> Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).\n\n Consultation required\n (2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:\n (a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or\n (b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.\n Decision to give access\n (3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; and\n (b) if subparagraph (1)(a)(ii) applies—the State; and\n (c) in any case—the applicant.\n Access not to be given until review or appeal opportunities have run out\n (4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:\n (a) if subparagraph (1)(a)(i) applies—the Commonwealth; or\n (b) if subparagraph (1)(a)(ii) applies—the State;\n for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.\n\n> Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).\n\n> Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).\n\n Edited copies, Commonwealth‑originated information and State‑originated information\n (5) This section applies:\n (a) in relation to an edited copy of a document in the same way as it applies to the document; and\n (b) in relation to a document containing Commonwealth‑originated information—to the extent to which the document contains such information; and\n (c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.\n\n193 At the end of section 38\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n194 Subsection 45(1)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n195 Subsection 45(2)\n\nAfter “prescribed authority”, insert “or Norfolk Island authority”.\n\n196 Paragraph 45(2)(b)\n\nOmit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.\n\n197 Subsection 47(3)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n198 Subsection 47A(1) (at the end of the definition of electoral roll)\n\nAdd:\n\n ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or\n (d) any part of an electoral roll referred to in paragraph (c).\n\n199 At the end of section 47B (before the note)\n\nAdd:\n\n ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or\n (d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or\n (e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or\n (f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.\n\nNote: The heading to section 47B is altered by adding at the end “etc.”.\n\n200 Subsection 47C(1)\n\nOmit all the words after “involved in”, substitute:\n\n the functions of:\n (a) an agency; or\n (b) a Minister; or\n (c) the Government of the Commonwealth; or\n (d) the Government of Norfolk Island.\n\n201 Section 47D\n\nAfter “the Commonwealth”, insert “, of Norfolk Island”.\n\nNote: The heading to section 47D is altered by adding at the end “or Norfolk Island”.\n\n202 Paragraph 47E(c)\n\nAfter “the Commonwealth”, insert “, by Norfolk Island”.\n\n203 Paragraph 47G(1)(b)\n\nAfter “to the Commonwealth”, insert “, Norfolk Island”.\n\n204 Subsection 47G(4)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n205 After subsection 47J(2)\n\nInsert:\n\n (2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.\n\n206 Paragraph 47J(3)(g)\n\nAfter “by the Commonwealth,”, insert “Norfolk Island,”.\n\n207 Paragraph 47J(3)(g)\n\nAfter “of the Commonwealth”, insert “, of Norfolk Island”.\n\n208 Section 53B\n\nBefore “An access grant decision”, insert “(1)”.\n\n209 Section 53B (note)\n\nOmit “item 1”, substitute “items 1 and 1A”.\n\n210 Section 53B (table item 1)\n\nAfter “relations” (wherever occurring), insert “etc.”.\n\n211 Section 53B (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5). |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n212 At the end of section 53B\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n213 Section 53C\n\nBefore “The following table”, insert “(1)”.\n\n214 Section 53C (after table item 1)\n\nInsert:\n\n| 1A | consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required | the Commonwealth or the State, as the case may be. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------- |\n\n215 At the end of section 53C\n\nAdd:\n\n (2) For the purposes of table item 1, State has the same meaning as in section 26A.\n\n216 Paragraph 54P(1)(a)\n\nAfter “26A,”, insert “26AA,”.\n\n217 Paragraph 54S(2)(b)\n\nAfter “26A,”, insert “26AA,”.\n\n218 Subsection 54Y(2) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n219 Subsection 55G(1) (note)\n\nBefore “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.\n\n220 At the end of section 55M\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n221 At the end of section 58AA\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n222 Subsection 60AA(1)\n\nAfter “26A,”, insert “26AA,”.\n\n223 Subsection 61(2)\n\nAfter “26A,”, insert “26AA,”.\n\n224 At the end of subsection 66(1)\n\nAdd “or Norfolk Island”.\n\n225 Subsection 74(1)\n\nOmit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:\n\n dealt with:\n (a) by the Ombudsman under the Ombudsman Act 1976; or\n (b) by the Ombudsman under a particular Norfolk Island enactment.\n\n226 Subsection 74(5)\n\nOmit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.\n\n227 At the end of section 74 (before the note)\n\nAdd:\n\n (6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.\n\n228 At the end of section 89D\n\nAdd:\n\n (4) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n229 At the end of section 89J\n\nAdd:\n\n (3) In this section:\n\n> enactment includes a Norfolk Island enactment.\n\n230 Subsection 90(1)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n231 Subsection 91(1A)\n\nAfter “26A,”, insert “26AA,”.\n\n232 Subsection 91(1B)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n233 Subsection 91(1B)\n\nAfter “26A,”, insert “26AA,”.\n\n234 After paragraph 91(1C)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n235 After paragraph 91(1C)(d)\n\nAfter “the Commonwealth,”, insert “Norfolk Island,”.\n\n236 After paragraph 91(2A)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n237 At the end of section 91\n\nAdd:\n\n (4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.\n\n238 After paragraph 92(2)(a)\n\nInsert:\n\n (aa) consultation with the Commonwealth or a State under subsection 26AA(2);\n\n239 At the end of section 92\n\nAdd:\n\n (3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.\n\n \n\nPart 6—Amendments relating to the Ombudsman\n\nNorfolk Island Act 1979\n\n240 After section 66\n\nInsert:","sortOrder":49},{"sectionNumber":"66A","sectionType":"section","heading":"Reports by Ombudsman","content":"#### 66A Reports by Ombudsman\n\n Scope\n (1) This section applies if an enactment:\n (a) requires that the Commonwealth Ombudsman must give a report to a Minister; and\n (b) requires that the Minister must cause the report to be tabled in the Legislative Assembly.\n Requirement\n (2) The Minister must give a copy of the report to the responsible Commonwealth Minister.\n (3) The responsible Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the responsible Commonwealth Minister receives the report.\n\n> Note: See also section 4 of the Ombudsman Act 1976.\n\nOmbudsman Act 1976\n\n241 At the end of subsection 4(2)\n\nAdd:\n\n ; or (d) an enactment of Norfolk Island.\n\n242 At the end of section 4\n\nAdd:\n\n (6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.\n\nPart 7—Amendments relating to privacy\n\nAustralian Capital Territory Government Service (Consequential Provisions) Act 1994\n\n243 After subsection 23(1)\n\nInsert:\n\n (1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.\n\nPrivacy Act 1988\n\n244 Subsection 6(1) (after paragraph (h) of the definition of agency)\n\nInsert:\n\n (ha) a Norfolk Island agency; or\n\n245 Subsection 6(1)\n\nInsert:\n\n> Cabinet, in relation to Norfolk Island, means a body that:\n\n (a) consists of Norfolk Island Ministers; and\n (b) corresponds to the Cabinet.\n\n246 Subsection 6(1) (definition of Commonwealth contract)\n\nAfter “the Commonwealth”, insert “, Norfolk Island”.\n\n247 Subsection 6(1)\n\nInsert:\n\n> enactment includes a Norfolk Island enactment.\n\n248 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island agency means:\n\n (a) a Norfolk Island Minister; or\n (b) a public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island); or\n (c) a body (whether incorporated or not), or a tribunal, established for a public purpose by or under a Norfolk Island enactment, other than a body established or registered under:\n (i) the Companies Act 1985 of Norfolk Island; or\n (ii) the Associations Incorporation Act 2005 of Norfolk Island; or\n (d) a body established or appointed by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than by or under a Norfolk Island enactment; or\n (e) a person holding or performing the duties of:\n (i) an office established by or under a Norfolk Island enactment; or\n (ii) an appointment made under a Norfolk Island enactment; or\n (f) a person holding or performing the duties of an appointment, where the appointment was made by:\n (i) the Administrator of Norfolk Island; or\n (ii) a Norfolk Island Minister;\n otherwise than under a Norfolk Island enactment; or\n (g) a court of Norfolk Island.\n\n249 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island enactment means:\n\n (a) an enactment (within the meaning of the Norfolk Island Act 1979); or\n (b) an instrument (including rules, regulations or by‑laws) made under such an enactment;\n and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.\n\n250 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.\n\n251 Subsection 6(1)\n\nInsert:\n\n> Norfolk Island Minister means a Minister of Norfolk Island.\n\n252 At the end of paragraphs 6(5)(a), (b) and (c)\n\nAdd “or”.\n\n253 After paragraph 6(5)(c)\n\nInsert:\n\n (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or\n\n254 At the end of subsection 6(5)\n\nAdd:\n\n ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.\n\n255 After subsection 6(10)\n\nInsert:\n\n (10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.\n\n256 At the end of subparagraphs 7(1)(a)(i) and (ii)\n\nAdd “or”.\n\n257 After subparagraph 7(1)(a)(ii)\n\nInsert:\n\n (iia) a court of Norfolk Island; or\n\n258 At the end of subparagraph 7(1)(a)(iii)\n\nAdd “or”.\n\n259 After subparagraph 7(1)(a)(iii)\n\nInsert:\n\n (iiiaa) a Norfolk Island Minister; or\n\n260 After paragraph 7(1)(b)\n\nInsert:\n\n (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or\n\n261 Paragraphs 7(1)(d) and (e)\n\nAfter “other than”, insert “a Norfolk Island agency,”.\n\n262 After paragraph 7(1)(e)\n\nInsert:\n\n (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or\n (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or\n\n263 Paragraph 8(1)(b)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n264 Subsection 9(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n265 Subsection 10(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n266 Subsection 11(3)\n\nAfter “Commonwealth enactment”, insert “or a Norfolk Island enactment”.\n\n267 After subsection 15(1)\n\nInsert:\n\n (1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.\n\n268 Before section 16\n\nInsert:","sortOrder":50},{"sectionNumber":"15B","sectionType":"section","heading":"Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island","content":"#### 15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island\n\n In relation to a record‑keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.\n\n269 Paragraph 27(1)(b)\n\nBefore “) a proposed”, insert “or a Norfolk Island Minister”.\n\n270 Paragraph 27(1)(f)\n\nBefore “, agency”, insert “, a Norfolk Island Minister”.\n\n271 Paragraph 27(1)(k)\n\nBefore “) a proposal”, insert “or a Norfolk Island Minister”.\n\n272 Paragraph 30(3)(d)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n273 Subsection 30(4)\n\nBefore “responsible”, insert “or Norfolk Island Minister (if any)”.\n\n274 At the end of section 33\n\nAdd:\n\n Norfolk Island\n (5) In this section:\n\n> State includes Norfolk Island.\n\n275 At the end of Division 3 of Part IV\n\nAdd:","sortOrder":51},{"sectionNumber":"33B","sectionType":"section","heading":"Copies of certain reports to be given to the Norfolk Island Justice Minister","content":"#### 33B Copies of certain reports to be given to the Norfolk Island Justice Minister\n\n (1) If:\n (a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and\n (b) the report relates to a Norfolk Island matter;\n the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.\n (2) For the purposes of this section, a report relates to a Norfolk Island matter if:\n (a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or\n (b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or\n (c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.\n\n276 Paragraph 34(2)(a)\n\nBefore “, being”, insert “or a Norfolk Island Minister”.\n\n277 At the end of paragraph 34(2)(b)\n\nAdd “or a Norfolk Island Minister”.\n\n278 Section 37 (after table item 5)\n\nInsert:\n\n| 5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| --- | --------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- |\n| 5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |\n| 5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |\n\n279 Subsection 43(7)\n\nBefore “that the matter”, insert “or Norfolk Island Minister (if any)”.\n\n280 Subsection 43(8)\n\nBefore “concerned”, insert “or a Norfolk Island Minister”.\n\n281 Subsection 43(8A)\n\nAfter “a Minister”, insert “or a Norfolk Island Minister”.\n\n282 At the end of paragraph 43(9)(b)\n\nAdd “or Norfolk Island Minister”.\n\n283 Subsection 50(1)\n\nInsert:\n\n> Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.\n\n284 After subparagraph 50(2)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under a particular Norfolk Island enactment; or\n\n285 At the end of paragraph 50(2)(b)\n\nAdd “or”.\n\n286 After paragraph 50(2)(b)\n\nInsert:\n\n (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n287 After subparagraph 50(3)(a)(ii)\n\nInsert:\n\n (iia) to the Ombudsman under the Norfolk Island enactment concerned; or\n\n288 At the end of paragraph 50(3)(b)\n\nAdd “or”.\n\n289 After paragraph 50(3)(b)\n\nInsert:\n\n (c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;\n\n290 Before subsection 60(3)\n\nInsert:\n\n (2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.\n\n291 At the end of section 66\n\nAdd:\n\n Norfolk Island\n (12) In this section:\n\n> Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.\n\n> State includes Norfolk Island.\n\n292 At the end of subsection 68(1)\n\nAdd “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.\n\n293 At the end of section 70\n\nAdd:\n\n (4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:\n (a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or\n (b) the production to the Commissioner of a specified document or other record;\n would be contrary to the public interest because it would:\n (c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or\n (d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or\n (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or\n (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or\n (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or\n (h) endanger the life or physical safety of any person;\n the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.\n\n294 Subsection 80G(1) (definition of secrecy provision)\n\nOmit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.\n\n295 After subsection 80R(1)\n\nInsert:\n\n (1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.\n\n296 At the end of section 89\n\nAdd:\n\n ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.\n\n297 Application—Commonwealth contracts\n\nTo the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.\n\n \n\nSchedule 2—Amendments relating to Christmas Island\n\nChristmas Island Act 1958\n\n1 Section 8G\n\nRepeal the section, substitute:","sortOrder":52},{"sectionNumber":"8G","sectionType":"section","heading":"Powers and functions under the applied Western Australian laws","content":"#### 8G Powers and functions under the applied Western Australian laws\n\n Vesting of powers in the Minister\n (1) If a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).\n (2) If:\n (a) a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and\n (b) subsection (1) does not apply to the power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a specified person or authority; or\n (b) delegate the power to a specified person.\n (4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.\n (5) If:\n (a) a power is vested in the Minister under subsection (2); and\n (b) a person, or an authority, who is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority of Western Australia; or\n (iii) an officer or employee of an authority of Western Australia;\n is subject to an arrangement under section 8H; and\n (c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s own right or the authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way;\n the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.\n (6) The Minister may direct that subsection (5) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (11) An instrument under this section is not a legislative instrument.\n (12) In this section:\n\n> authority means:\n\n (a) a body corporate, or an unincorporated body, established for a public purpose; or\n (b) an authority (within the ordinary meaning of that expression).\n\n> authority of Western Australia means an authority established by or under a Western Australian law.\n\n> power includes function or duty, and, in that context, exercise means perform.\n\n2 Subsection 8H(2)\n\nOmit all the words after “duties”, substitute:\n\n by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia (within the meaning of section 8G); or\n (c) an officer or employee of an authority of Western Australia (within the meaning of section 8G);\n in or in relation to the Territory.\n\n3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958\n\n(1) This item applies to a direction if:\n\n (a) the direction was given under paragraph 8G(3)(a) of the Christmas Island Act 1958; and\n (b) the direction was in force immediately before the commencement of this item.\n\n(2) The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Christmas Island Act 1958 as amended by this Schedule.\n\n4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under paragraph 8G(3)(b) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Christmas Island Act 1958 as amended by this Schedule.\n\n5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958\n\n(1) This item applies to a delegation if:\n\n (a) the delegation was made under subsection 8G(4) of the Christmas Island Act 1958; and\n (b) the delegation was in force immediately before the commencement of this item.\n\n(2) The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Christmas Island Act 1958 as amended by this Schedule.\n\n \n\nSchedule 3—Amendments relating to the Cocos (Keeling) Islands\n\nCocos (Keeling) Islands Act 1955\n\n1 Section 8G\n\nRepeal the section, substitute:","sortOrder":53}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"While the Act's title suggests general 'territories law reform,' in practice it is almost entirely focused on Norfolk Island specifically. The scope expanded beyond mere administrative tidying to include substantial new Commonwealth override and intervention powers (dissolution of the Assembly, dismissal of members, direct law introduction by Commonwealth minister) and an entirely new financial accountability regime — powers that represent a significant shift in the balance between Norfolk Island self-governance and Commonwealth control, going considerably beyond routine law reform."},"complexity_factors":["Omnibus amending legislation — amends over a dozen separate Acts simultaneously, requiring cross-referencing across multiple statutes","Multiple staggered commencement dates tied to different events (Royal Assent, elections, proclamations, and other Acts commencing), creating a complex temporal structure","Layered governance structure involving multiple overlapping actors: Governor-General, Administrator, responsible Commonwealth Minister, Commonwealth Finance Minister, Legislative Assembly, Chief Minister, and Executive Council","Extensive new financial management framework (Divisions 2-5 of Part VI) with detailed obligations, audit mechanisms, and dual-reporting lines to two separate Commonwealth ministers","Transitional provisions dealing with continuity of office-holders moving from the old 'executive member' to new 'Minister' framework","Interplay between Norfolk Island's own laws (enactments) and Commonwealth regulations, with hierarchy rules resolving inconsistencies","Constitutional and administrative law concepts (e.g., dissolution of legislature, proclamations as legislative instruments, disallowance exclusions) requiring specialist knowledge","Some provisions are triggers for further delegated legislation (regulations and Commonwealth Finance Minister's Orders), meaning the full legal framework cannot be understood from this Act alone"],"plain_english_summary":"The Territories Law Reform Act 2010 remakes how Norfolk Island is governed, transferring significant political and financial control to the Australian Commonwealth. It changes the island’s executive arrangements, strengthens federal oversight and intervention powers, and imposes Commonwealth-style budget, audit and reporting rules. Norfolk Island residents, local politicians and public services face reduced autonomy and increased accountability to Canberra."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The instrument goes beyond narrow technical or terminological reform. While its title suggests territory law 'reform', the Act substantively reconfigures Norfolk Island governance: it replaces the previous executive model with a formal Ministerial structure, installs a Commonwealth‑style financial management, reporting and audit regime enforceable in Federal Court, extends Commonwealth administrative law regimes (FOI, privacy, AAT, Ombudsman) to Norfolk Island, and creates explicit channels for Commonwealth ministerial instruction and intervention (including powers relating to dissolution and elections). Those changes materially broaden the Act’s scope from drafting and tidy‑up amendments to structural reallocation of powers, oversight, and compliance requirements affecting political decision‑making, public finances and administrative review."},"complexity_factors":["Extensive number of amendments across multiple Acts (Norfolk Island Act 1979 plus FOI, Privacy, AAT, Ombudsman, Auditor‑General Act, and many consequential amendments)","Large Schedule structure with many discrete commencement dates and transitional provisions (see Commencement table and items 56–59, 120–125 etc.)","Numerous new defined terms inserted and existing definitions repealed/changed (many inserts into subsection 4(1) and related definitions)","Multiple cross‑references to external Commonwealth statutes (Auditor‑General Act 1997, Legislative Instruments Act 2003, Commonwealth Electoral Act 1918, Financial Management and Accountability material) increasing inter‑legislative dependence","Nested conditional logic (e.g. no‑confidence procedure in 39AB with 10‑day triggers, nomination rules in 12A, consultation steps in FOI section 26AA)","Delegation of significant detail to delegated instruments (regulations and Commonwealth Finance Minister’s Orders under 48T) introducing further external complexity","Creation of enforcement routes in the Federal Court (section 51E) linked back to regulatory provisions—adds procedural complexity and jurisdictional layering","Many transitional and savings provisions affecting how repeals and replacements apply to in‑flight audits, appointments and elections","Large volume—hundreds of minor textual substitutions and repeated parallel amendments for other territories (Christmas Island and Cocos Islands), increasing reading and application complexity"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Rewrites how Norfolk Island (and related territory law points) is governed and how its public finances, accountability and transparency rules operate. The Act amends the Norfolk Island Act 1979 and a number of Commonwealth statutes to: \n - replace the old \"executive member\" scheme with a clear Ministerial structure (Chief Minister + 1–3 other Ministers) and set rules for nomination, appointment, dismissal and no‑confidence motions (see new sections 12, 12A, 13, 14, 14A, 42A). \n - give the Commonwealth a named \"responsible Commonwealth Minister\" role with powers to instruct, to introduce laws into the Norfolk Island Legislative Assembly by message, and to require certain notices (see amendments around sections 21, 26A and related items). \n - create substantive financial management and accountability rules for Norfolk Island: a Public Account of Norfolk Island, requirements for annual budgets and financial statements, audits and performance audits by the Auditor‑General, powers for Commonwealth Finance Minister’s Orders and regulations, and enforcement by the Federal Court through injunctions where financial rules are breached (see new Divisions and sections 48A–48T, 51, 51A–51E (recast), 51D, 51E). \n - extend Commonwealth administrative oversight and review mechanisms to Norfolk Island by making the Auditor‑General Act, Administrative Appeals Tribunal, Freedom of Information Act, Privacy Act and Ombudsman arrangements operate in relation to Norfolk Island law and agencies (see extensive Schedule items amending those Acts). \n - make consequential amendments to many Commonwealth Acts so references to Norfolk Island officials and institutions are correctly aligned with the new terminology (\"Ministers\", \"Chief Minister\", \"Norfolk Island authority\", etc.). \n - make parallel housekeeping changes for other external territories (Christmas Island and Cocos (Keeling) Islands) about the operation of Western Australian laws and delegations.\n\n**Who is affected\n\n- Norfolk Island political actors and institutions: members of the Legislative Assembly, the Chief Minister and other Norfolk Island Ministers, the Administrator (see sections 12–14, 14A). \n- Norfolk Island public service and statutory bodies (termed \"Territory authorities\"): new reporting, accounting and audit obligations; new definitions and obligations for \"responsible manager(s)\" (see definitions and Divisions 2–5 of Part VI, and sections 48A–48Q). \n- The Administrator, Governor‑General and Commonwealth Ministers: new powers to appoint deputies, to require information, to introduce laws (see section 9, 26A, and amendments to section 21). \n- Commonwealth oversight agencies: Auditor‑General, Commonwealth Finance Minister, Federal Court, Administrative Appeals Tribunal, Ombudsman, Information Commissioner — all gain or clarify roles in relation to Norfolk Island (see sections 48C–48G, 48T, 51E, and the many consequential amendments). \n- Businesses and residents on Norfolk Island: indirect effects because Territory authorities must follow the new financial rules and FOI/privacy regimes; election administration may be arranged under Commonwealth electoral machinery (section 37A). \n\n**Why it matters (concrete mechanisms and trade‑offs)\n\n- Reallocation of decision‑making: the Act replaces some locally phrased executive arrangements with a formal Ministerial structure and builds express channels for Commonwealth direction and information‑requirements (e.g. the \"responsible Commonwealth Minister\" can give instructions and require reports; see changes to section 21, new sections 51, 51A, 51B, 51C). Mechanically, that increases Commonwealth oversight and reduces areas where local practice alone controlled outcomes. \n\n- Financial discipline and oversight: the new financial management and accountability provisions require annual budgets, financial statements, audits and performance audits; allow the Commonwealth Finance Minister to make Orders by legislative instrument (48T); and give the Federal Court power to grant injunctions to enforce those rules (51E). Who pays: audited entities (the Administration and Territory authorities) are liable for audit fees (section 48D). The direct cost and compliance burden therefore fall on Norfolk Island entities; the Commonwealth gains stronger assurance. \n\n- Transparency and review: FOI, Privacy, AAT and Ombudsman coverage is extended so Norfolk Island agencies and Ministers are subject to the same administrative‑law review and information access systems as Commonwealth agencies (see the schedules amending the Freedom of Information Act 1982, Privacy Act 1988, Administrative Appeals Tribunal Act 1975 and Ombudsman Act 1976). Mechanically that creates new rights for applicants and new disclosure/record‑keeping obligations for Norfolk Island authorities. \n\n- Electoral and political bearings: the Act modifies election timing rules (section 35 changes), creates processes for no‑confidence motions and their consequences (39AB, 39AC), and permits arrangements with the Australian Electoral Commission for running elections (37A). These changes affect how and when government accountability is operationalised. \n\n**Costs, incentives and implementation risks (concrete)**\n\n- Compliance burden and administrative costs: Territory authorities must prepare budgets, financial statements and annual reports to specified timelines, implement accounting systems, and submit to audits and performance audits (48A–48J, 48P–48Q). Smaller local bodies will face one‑off and ongoing costs to meet Commonwealth standards. (See sections 48A–48Q and 48D on audit fees and recoverability.) \n\n- Concentrated vs diffuse effects: the principal immediate beneficiaries of stricter financial oversight and clarity are Commonwealth oversight bodies (Auditor‑General, Commonwealth Finance Minister, Parliament) who gain reporting and audit materials (48C(3), 48G(2)). The direct fiscal and compliance costs are borne by Norfolk Island authorities and, indirectly, by local taxpayers or services. \n\n- Regulatory discretion and override risk: the Act allows regulations and the Commonwealth Finance Minister’s Orders to impose detailed rules and to prevail over inconsistent Norfolk Island enactments to the extent of the inconsistency (see subsection 48R(6) and 48T(3)). That concentrates substantial normative detail in delegated instruments and creates implementation risk if those instruments are used to change practice without local legislative amendment. \n\n- Legal enforcement pathway: the Federal Court can be asked by the responsible Commonwealth Minister to seek injunctions to stop or require conduct in breach of the financial provisions (section 51E). This gives the Commonwealth an efficient civil enforcement tool but moves disputes from local political remedies into Federal jurisdiction. \n\n- Transition and short timeframes: the Act contains multiple transitional provisions (see Schedule items 56–59, 120–125) and staged commencement dates. Practical risk lies in sequencing—systems, staff and processes must be in place before audit and reporting deadlines. \n\n**Concrete examples (sections cited)\n\n- If the Norfolk Island Administration is audited, the Administration must pay audit fees determined by the Auditor‑General; unpaid fees may be recovered as a debt (section 48D). \n- If the Legislative Assembly passes a resolution of no confidence and does not nominate a new Chief Minister within 10 days, the responsible Commonwealth Minister is to set the date for a general election and the Administrator assumes executive powers under the Governor‑General’s directions for the interim (section 39AB). \n- The responsible Commonwealth Minister may introduce a proposed law into the Legislative Assembly by message of the Administrator (section 26A). \n\n**Net mechanical effect in one sentence**\n\nThe Act recasts Norfolk Island’s executive arrangements into a Ministerial model, imposes a Commonwealth‑style financial management and audit regime with enforcement and reporting to Commonwealth ministers, and extends Commonwealth administrative law mechanisms (FOI, privacy, AAT, Ombudsman) to Norfolk Island while making consequential technical amendments for other external territories.\n\n(References above point to the principal new or amended provisions: Ministers and appointments — sections 9, 12–15A, 12A–14A; no‑confidence and dissolution — sections 39AA–39AC, 42A; financial management and audit — sections 48A–48T, 51/51A–51E; FOI/privacy/AAT/Ombudsman extensions — numerous schedule items altering the Freedom of Information Act 1982, Privacy Act 1988, Administrative Appeals Tribunal Act 1975, Ombudsman Act 1976.)"},"kimi_summary":{"_metrics":{"completionTokens":835},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation significantly expanded beyond its apparent original purpose of 'territories law reform.' While it started with governance changes for Norfolk Island, it grew to include: (1) comprehensive financial accountability frameworks with Commonwealth Ministerial oversight; (2) extension of four major Commonwealth accountability statutes (AAT, FOI, Privacy, Ombudsman) to Norfolk Island with complex adaptation provisions; (3) intervention powers allowing Governor-General dissolution of the Legislative Assembly; and (4) consequential amendments to at least 8 other Commonwealth Acts. The scope shifted from simple administrative reform to substantial centralisation of territorial governance."},"complexity_factors":["Multiple commencement dates (11 different triggers across Schedules)","Extensive cross-referencing between Norfolk Island Act 1979 and Commonwealth statutes (AAT Act, FOI Act, Privacy Act, Ombudsman Act)","Nested conditional logic for no-confidence motions and dissolution triggers","Detailed transitional provisions preserving existing appointments and audit arrangements","Numerous defined terms with layered meanings (e.g., 'Territory authority', 'Norfolk Island enactment', 'responsible manager')","Schedule 1 alone contains 7 Parts with 60+ items, many with multiple sub-items","Complex interaction between Norfolk Island Ministers, Administrator, Governor-General, and Commonwealth Ministers with overlapping powers","Financial management provisions create dual reporting lines to Norfolk Island Legislative Assembly and Commonwealth Parliament"],"plain_english_summary":"This Act makes sweeping reforms to how Australia's external territories—particularly Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands—are governed and how they interact with Commonwealth laws.\n\n**What it does:**\n\n**For Norfolk Island (the biggest changes):**\n- **Renames and restructures the executive**: The old \"executive members\" become \"Ministers,\" with a **Chief Minister** as head of government (like a state Premier). The Chief Minister and up to 3 other Ministers are appointed from the Legislative Assembly.\n- **New accountability rules**: Sets up detailed financial management requirements—annual budgets, financial statements, audits by the Auditor-General, and performance audits. The Commonwealth Finance Minister can issue binding orders on financial matters.\n- **Election changes**: Extends the maximum term between elections from 3 to 4 years, and allows the Australian Electoral Commission to run Norfolk Island elections.\n- **New powers to dismiss governments**: The Governor-General can dissolve the Legislative Assembly if it's \"incapable of effectively performing its functions\" or acting in a \"grossly improper manner.\" The Administrator can dismiss the Chief Minister for \"exceptional circumstances\" or other Ministers on the Chief Minister's advice.\n- **No-confidence procedures**: Tightens rules for no-confidence motions—requires 14 days notice, a quorum, and majority support.\n\n**Extending Commonwealth laws to Norfolk Island:**\n- Brings Norfolk Island under the **Administrative Appeals Tribunal** (so decisions by Norfolk Island authorities can be reviewed).\n- Extends the **Freedom of Information Act** to Norfolk Island, with special rules for documents affecting Commonwealth-Norfolk Island relations.\n- Extends the **Privacy Act** to Norfolk Island, with similar protections and exemptions.\n- Allows the **Commonwealth Ombudsman** to investigate complaints under Norfolk Island laws.\n\n**For Christmas Island and Cocos (Keeling) Islands:**\n- Simplifies how Western Australian laws apply to these territories. Powers vested in Western Australian Ministers, the Governor, or authorities are instead vested in the Commonwealth Minister, who can then delegate them.\n\n**Why it matters:**\nThis is a major centralisation of control over Norfolk Island, bringing it much closer to the governance model of the states and mainland territories. It increases Commonwealth oversight of finances, allows direct intervention in government crises, and extends key accountability mechanisms (AAT, FOI, Privacy, Ombudsman) that previously didn't apply. For Christmas Island and Cocos (Keeling) Islands, it tidies up administrative arrangements with Western Australia."}},"importantCases":[],"_links":{"self":"/api/acts/territories-law-reform-act-2010","history":"/api/acts/territories-law-reform-act-2010/history","analysis":"/api/acts/territories-law-reform-act-2010/analysis","conflicts":"/api/acts/territories-law-reform-act-2010/conflicts","importantCases":"/api/acts/territories-law-reform-act-2010/important-cases","documents":"/api/acts/territories-law-reform-act-2010/documents"}}