7Rules

7 Rules

(1) The Minister may, by legislative instrument, make rules amending this Ordinance: (a) so as to amend or repeal an applied law; or (b) so as to otherwise affect the operation of an applied law (but not to suspend the operation); or (c) to make application, saving or transitional provision in relation to any amendments, repeals or provisions affecting the operation of applied laws. (2) The Minister may, by legislative instrument, make rules necessary or convenient for supporting the delivery of services to Norfolk Island under an arrangement between the Commonwealth and Queensland. (3) Subject to subsection (4), the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax. (4) Subsection (3) does not prevent rules made under subsection (2) from applying, adopting or incorporating, with or without modification, a provision of a law of Queensland.

Note: The rules may apply, adopt or incorporate such a provision as in force at a particular time or as in force from time to time: see section 66A of the Norfolk Island Act 1979.

(5) Rules must not be made under subsection (2) on or after 1 January 2023. (6) The Minister may, in writing, delegate the Minister’s powers under this section to: (a) the Secretary of the Department; or (b) a Deputy Secretary of the Department. (7) However, an instrument of delegation made under subsection (6) is of no effect on or after 1 January 2023. (8) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.