28Modification of operation of Act

28 Modification of operation of Act

Certain references to instruments include references to Norfolk Island enactments (1) Subsection (2) applies, for the purposes of paragraph 297(2)(b) of the Act, if: (a) the Act or an instrument made under the Act (the ART Act or instrument) applies a rule (within the ordinary meaning of the word); and (b) the rule includes a reference to an instrument made under an Act (however described); and (c) the rule applies differently in relation to a Norfolk Island decision from the way the rule applies in relation to a decision made under an instrument made under an Act; and (d) the reason for the difference is that (apart from this subsection) the reference to an instrument made under an Act does not include a reference to a Norfolk Island enactment. (2) The ART Act or instrument applies, in relation to the Norfolk Island decision, as if the reference in the rule to an instrument made under an Act included a reference to a Norfolk Island enactment (whether the enactment under which the decision is made, or another Norfolk Island enactment, as the case requires).

Note: Example 1: Section 16 of the Act provides that, for the purposes of an instrument that provides for an application to be made to the Tribunal, a decision is taken to be made if a timeframe expires without a decision having been made. This subsection extends that rule to Norfolk Island enactments for Norfolk Island decisions.

Note: Example 2: Section 54 of the Act confers on the Tribunal all the powers and discretions conferred on a decision‑maker by an instrument made under an Act. This subsection ensures that the Tribunal can exercise powers and discretions under Norfolk Island enactments in relation to Norfolk Island decisions.

(3) To avoid doubt, subsection (2) applies whether or not the rule explicitly refers to a decision. Reference to Secretary of the Department (4) For the purposes of paragraph 297(2)(b), subsection 291(2) of the Act applies, in relation to a Norfolk Island decision, as if a reference to the Secretary of the Department were a reference to the Secretary of the Department administered by the Minister who administers the Norfolk Island Act 1979.