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New South Wales act
This Act authorises New South Wales and the Commonwealth to enter arrangements allowing NSW authorities or employees to apply and administer Commonwealth laws in Norfolk Island (ss 4–5). The Governor may make regulations to adapt or apply New South Wales laws in connection with those arrangements (s 6). Decision-makers are NSW and the Commonwealth; NSW agencies carry out delegated powers. The Act leaves implementation detail, cost allocation and operational arrangements to the intergovernmental agreements rather than specifying them.
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Direct links to the current provisions in Norfolk Island Administration Act 2016.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
In this Act:
authority of New South Wales means a public or other authority established by or under a law of New South Wales.
employee of New South Wales means an officer or employee of the State of New South Wales or of an authority of New South Wales.
Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.
Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.
power includes a function or duty, and exercise a power includes perform a function or duty.
4 Arrangements with Commonwealth
(1) New South Wales may enter into arrangements with the Commonwealth for the effective application and administration of the laws in force in Norfolk Island.
(2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:
(a) an authority of New South Wales, or
(b) an employee of New South Wales,
in or in relation to Norfolk Island.
5 Exercise of powers under arrangement with Commonwealth
(1) An authority or employee of New South Wales may exercise any power conferred on the authority or employee by or under an arrangement between New South Wales and the Commonwealth under this Act.
(2) A power vested in an authority or employee of New South Wales by or under the Norfolk Island Act may be exercised by the authority or employee if such an arrangement authorises the authority or employee to exercise that power.
6 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may make provision for or with respect to the application (with or without modification) of the laws of New South Wales in connection with the exercise of powers under this Act by an authority or employee of New South Wales.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act is the Norfolk Island Administration Act 2016.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
In this Act:
authority of New South Wales means a public or other authority established by or under a law of New South Wales.
employee of New South Wales means an officer or employee of the State of New South Wales or of an authority of New South Wales.
Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.
Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.
power includes a function or duty, and exercise a power includes perform a function or duty.
4 Arrangements with Commonwealth
(1) New South Wales may enter into arrangements with the Commonwealth for the effective application and administration of the laws in force in Norfolk Island.
(2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:
(a) an authority of New South Wales, or
(b) an employee of New South Wales,
in or in relation to Norfolk Island.
5 Exercise of powers under arrangement with Commonwealth
(1) An authority or employee of New South Wales may exercise any power conferred on the authority or employee by or under an arrangement between New South Wales and the Commonwealth under this Act.
(2) A power vested in an authority or employee of New South Wales by or under the Norfolk Island Act may be exercised by the authority or employee if such an arrangement authorises the authority or employee to exercise that power.
6 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may make provision for or with respect to the application (with or without modification) of the laws of New South Wales in connection with the exercise of powers under this Act by an authority or employee of New South Wales.