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Commonwealth legislation
This bill updates dozens of Norfolk Island laws to reflect the 2015 shift from local self‑government to Commonwealth oversight. It transfers powers from the abolished Legislative Assembly to the Commonwealth Minister and the new Norfolk Island Regional Council, swaps key offices (e.g. Minister → Chief Executive Officer), modernises references and fees, creates new administrative roles and health/aged care arrangements, and adds offences and protections.
It affects Norfolk Island residents, businesses, employers, property owners and licensed operators by changing decision‑makers, licensing and compensation processes.
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Direct links to the current provisions in Norfolk Island Continued Laws Ordinance 2015.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Norfolk Island Continued Laws Ordinance 2015.
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
Under sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws
Continued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.
This Ordinance amends and repeals continued laws as set out in the items in the Schedules to this Ordinance.
The items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.
In this Ordinance:
continued law means:
(a) a law continued in force in the Territory by section 16 of the Norfolk Island Act 1979; or
(b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.
The Acts Interpretation Act 1901 does not apply to Schedules 1 and 2.
Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).
(1) The Minister may, by legislative instrument, make rules amending this Ordinance: (a) so as to amend or repeal a continued law; or (b) to make application, saving or transitional provision in relation to any amendments or repeals of continued laws. (2) To avoid doubt, 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. (3) The Minister may, in writing, delegate the Minister’s power under subsection (1) to: (a) the Secretary of the Department; or (b) a Deputy Secretary of the Department. (4) However, an instrument of delegation made under subsection (3) is of no effect on or after 1 January 2023. (5) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
(1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms. (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time. (3) If: (a) an item in a Schedule to this Ordinance amends, repeals, suspends or otherwise affects a continued law; and (b) the item is amended or repealed; then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.
Schedule 1—Amendments
Part 1—Amendments
Absentee Landowners Levy Act 1976 (Norfolk Island)
1AAAA Subsection 2(1) (definition of levy day)
After “year”, insert “other than 2017 or a later year”.
1AAAB At the end of subsection 5(1)
Add:
Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).
1A At the end of subparagraphs 6A(2)(b)(i) and (ii)
Add “and”.
1B Subparagraph 6A(2)(b)(iii)
Repeal the subparagraph.
1C Paragraph 21A(1)(b)
Omit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.
Administration Act 1936 (Norfolk Island)
1D Paragraph 8(1)(d)
After “officer”, insert “appointed under paragraph (c)”.
1E After subsection 8(2)
Insert:
(2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.
Administration and Probate Act 2006 (Norfolk Island)
1F Subsection 5(3)
Repeal the subsection.
1G Subsection 5(5)
Omit “even if he or she is not qualified in accordance with subsection (3)”.
1 Subsection 83(3)
Repeal the subsection.
Administrative Review Tribunal Act 1996 (Norfolk Island)
1AAA Subsection 3(1)
Insert:
enactment means:
(a) a section 19A Ordinance (within the meaning of the Norfolk Island Act 1979 of the Commonwealth); or
(b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or
(c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or
(d) a New South Wales law as in force in Norfolk Island under section 18A of that Act.
1AAAA Paragraph 3(1)(d) of the definition of enactment
Repeal the paragraph, substitute:
(d) a New South Wales law as in force in Norfolk Island under section 18A of that Act.
(e) a Queensland law as in force in Norfolk Island under section 18A of that Act.
1AA Subsection 13(1)
Omit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.
1AB At the end of subsection 15(1)
Add “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.
2 After subsection 15(1)
Insert:
(1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.
Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.
2A Subsection 24(4)
Omit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.
Adoption of Children Act 1932 (Norfolk Island)
2AA Subsection 9(5)
Omit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.
Airport Act 1991 (Norfolk Island)
2B Section 2 (definition of authorised officer)
Omit “Minister”, substitute “Chief Executive Officer”.
2BA Section 2 (definition of charge)
Repeal the definition.
2BB Section 2 (definition of outstanding amount)
Repeal the definition, substitute:
outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.
2BC Sections 3, 3A and 3B
Repeal the sections, substitute:
(1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport. (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport. (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.
2BD Subsection 3C(1)
Omit “a charge”, substitute “an approved fee”.
2C Sections 3D and 3F
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
2D Section 3FA
Repeal the section.
2E Paragraph 3G(2)(d)
Repeal the paragraph.
2F Schedule 2
Repeal the Schedule.
Airport Regulations 1992 (Norfolk Island)
2G Part 1 (heading)
Repeal the heading, substitute:
2H Regulations 3 to 4
Repeal the regulations.
2J Before regulation 4A
Insert:
2K Regulation 4A
Omit all the words before paragraph (b), substitute:
For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer: (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and
2L Paragraph 4A(b)
Omit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.
2M Subparagraph 4A(d)(i)
Omit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.
2N Schedule
Repeal the Schedule.
Animals (Importation) Act 1983 (Norfolk Island)
2S Section 5
Omit “Administrator may by instrument”, substitute “Chief Executive Officer may, by written instrument,”.
2SA Paragraph 7(2)(c)
Omit “prescribed fee”, substitute “approved fee”.
2T Section 11
Omit “and his powers under section 5”.
2U Subsection 13(1)
Omit “(1)”.
2V Subsection 13(2)
Repeal the subsection.
Annual Reports Act 2004 (Norfolk Island)
3 Subsection 5(1)
After “prepare”, insert “and give to the Commonwealth Minister”.
3A Section 5 (notes)
Repeal the notes.
3B Subsection 6(1)
After “prepare”, insert “and give to the Commonwealth Minister”.
4 Section 7
Repeal the section.
5 Subsection 8(1)
Omit “Minister”, substitute “Commonwealth Minister”.
6 Subsection 8(2)
Repeal the subsection.
7 Paragraph 8(3)(e)
Omit “responsible Minister for the report”, substitute “Commonwealth Minister”.
8 Subsections 8(4) and (5)
Repeal the subsections.
9 Parts 3 and 4
Repeal the Parts.
10 Subsections 14(1) and (2)
Omit “Minister”, substitute “Commonwealth Minister”.
11 Subsection 14(3)
Repeal the subsection.
12 Subsection 15(2)
Omit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.
13 Section 17
Repeal the section.
14 Section 18 (paragraph (c) of the definition of annual report)
Omit “report; or”, substitute “report.”.
15 Section 18 (paragraph (d) of the definition of annual report)
Repeal the paragraph.
16 Section 18 (definition of financial year)
Repeal the definition, substitute:
financial year means a period from 1 July in a year to the following 30 June.
Note: See also subsection 6(3).
17 Section 18 (paragraph (c) of the definition of public sector agency)
Omit “agency”, substitute “agency.”.
18 Section 18 (definition of public sector agency)
Omit “and includes the Public Service Board.”.
19 Section 18 (definition of responsible Minister)
Repeal the definition.
20 Section 18 (definition of Speaker)
Repeal the definition.
21 Section 18 (paragraph (a) of the definition of territory instrumentality)
After “are”, insert “or were”.
21A Section 18 (paragraph (b) of the definition of territory instrumentality)
Omit “an Minister”, substitute “the Commonwealth Minister”.
Apiaries Act 1935 (Norfolk Island)
21B Section 3
Omit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.
21BA Paragraph 4(1)(a)
Omit “prescribed steps”, substitute “steps approved by the Chief Executive Officer”.
21BB Paragraph 4(1)(b)
Omit “prescribed manner”, substitute “manner approved by the Chief Executive Officer”.
21BC Subsection 12(5)
Omit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.
21BD Section 17
Repeal the section.
21C Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="4" style="width:409.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Substituting references to Minister with references to Chief Executive Officer</span></p></td></tr><tr><td style="width:22.1pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:129.2pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Provision</span></p></td><td style="width:118.65pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Omit (wherever occurring)</span></p></td><td style="width:106.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Substitute</span></p></td></tr></thead><tbody><tr><td style="width:22.1pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:129.2pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>2 (definition of </span><span style="font-weight:bold; font-style:italic">disease</span><span>)</span></p></td><td style="width:118.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Minister</span></p></td><td style="width:106.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Chief Executive Officer</span></p></td></tr><tr><td style="width:22.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:129.2pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>3A(1)(c)</span></p></td><td style="width:118.65pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #00
This is an opening excerpt, not the complete document.