remuneration determination, for a year, means the determination of the Remuneration Tribunal under section 241 of the Local Government Act 1993 as in force in New South Wales of the maximum and minimum amounts of fees to be paid during the year in relation to councils and mayoral offices in New South Wales.
17A Chapter 10 (after the heading)
Insert:
Note: Subsection 18B(2) of the Norfolk Island Act has the effect of vesting the powers (including the functions and duties) of the Electoral Commissioner and the Electoral Commission (and other persons or authorities) under this Act and the regulations, as in force in Norfolk Island, in:
(a) the Norfolk Island Minister; and
(b) any other person or authority authorised by a direction or delegation under subsection 18B(3) or (4) of the Norfolk Island Act.
17AA Subsection 266(1)
Omit “an election of members of the Legislative Assembly or”.
17AB Subsection 266(2)
Repeal the subsection (including the note), substitute:
(2) Despite subsection (1), a person who is serving a sentence of imprisonment (within the meaning of the Commonwealth Electoral Act 1918 of the Commonwealth) of 3 years or longer is not entitled to be enrolled as an elector for a ward.
17B Subsection 269(1)
Omit “(within the meaning of the Electoral Act 2017)”, substitute “on a Roll (within the meaning of the Commonwealth Electoral Act 1918 of the Commonwealth)”.
17C Subsection 270(2)
Omit “strata plan that is registered under the Strata Schemes Development Act 2015”, substitute “plan of community division that is registered under the Community Title Act 2015 of Norfolk Island”.
17D Paragraph 275(1)(a1)
Omit “, except as provided by subsections (5) and (7)”, substitute “or the Commonwealth (but see subsection (7))”.
17E Paragraph 275(1)(b)
Omit “or the Commonwealth”, substitute “, the Commonwealth or New South Wales”.
17F Paragraph 275(1)(e1)
Repeal the paragraph, substitute:
(e1) if he or she is while holding that office, or has been within 2 years before nomination for election, election or appointment to the office, convicted of an offence under a law of the Commonwealth, or a State or Territory, that relates to electoral funding and is punishable by imprisonment for 2 years or more; or
17G Paragraph 275(1)(g)
Omit “or Part 4A of the Crimes Act 1900 (Corruptly receiving commissions and other corrupt practices)”.
17H At the end of paragraph 275(1)(h)
Add “, or while included on the Register kept under section 303 of the Companies Act 1985 of Norfolk Island”.
17J After subsection 275(2)
Insert:
(2A) If:
(a) a person is convicted by a court of an offence against Part 4.7 (bribery and related offences) of the Criminal Code 2007 of Norfolk Island (including a conviction because of section 45 (complicity and common purpose) of that Act); or
(b) a person is convicted by a court of an offence against section 47 (incitement) of the Criminal Code 2007 of Norfolk Island in relation to an offence against Part 4.7 of that Act;
the person is disqualified from holding civic office, from the date of the conviction, for the period equivalent to the maximum term of imprisonment that can be imposed for the offence for which the person is convicted, or such lesser period as the court may order.
17K Subsections 275(5), (6) and (7)
Repeal the subsections (not including the note), substitute:
(7) Despite anything to the contrary in this Chapter, a member of the Parliament of New South Wales or the Commonwealth is not disqualified because of subsection (1)(a1) from being nominated for election or being elected to a civic office. If elected, the person is disqualified from holding that civic office unless the person has ceased to be a member of that Parliament before the first meeting of the council after the election.
17L At the end of section 275
Add:
Application to current office holders
(8) A person (the current office holder) who held civic office immediately before the time this subsection came into force in the Territory of Norfolk Island is not, except for the purposes of subsection 306(2), taken to be disqualified from holding that office at and after that time only because of the modification of this section at that time as it applies in that Territory.
Note: Subsection 306(2) requires a candidate for an election to civic office to be qualified to hold such an office at the closing date for the election.
(9) Subsection (8) applies during the balance of the current office holder’s current term of office.
Omit “28 days later than the day when the by‑election should have been held”, substitute “3 months later than the last day on which the by‑election could otherwise be held under paragraph 292(a)”.
19A Subsection 296(7)
Repeal the subsection.
19B Subsection 298(2)
Repeal the subsection, substitute:
(2) The Electoral Commissioner may use information kept on a Roll (within the meaning of the Commonwealth Electoral Act 1918 of the Commonwealth), or an extract of such a Roll, as a source of information for compiling the residential roll.
19C Before subsection 299(1A)
Insert:
(1AA) As soon as is practicable after the day on which the Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2018 commences, the general manager is to prepare a roll of non‑resident owners of rateable land within the area for the first election to be held after that day and keep it updated.
19D Subsection 299(1)
Omit “that roll of non‑resident owners of rateable land”, substitute “the roll prepared for that election under subsection (1AA) or (1A)”.
19E Before subsection 300(1A)
Insert:
(1AA) As soon as is practicable after the day on which the Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2018 commences, the general manager is to prepare a roll of occupiers and ratepaying lessees (of land within the area) for the first election to be held after that day and keep it updated.
19F Subsection 300(1)
Omit “that roll of occupiers and ratepaying lessees”, substitute “the roll prepared for that election under subsection (1AA) or (1A)”.