62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))
Omit “an officer authorised by the Administrator”, substitute “[an officer authorised by the Commonwealth Minister / a member of the police force permitted]”.
Nothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.
(1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.
Omit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.
(2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).
(5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.
approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.
membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).
rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.
rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:
Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)
work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.
(1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.
Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.
(h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;
Add:
A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.
Omit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.
Omit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.
(a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):
(b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;
(c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;
(iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;
(h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).
Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.
(2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:
Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.
(1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.
(2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:
Omit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.
After “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.
Omit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.
(1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.
(c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.
(b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.
(a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;
Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).
(3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:
(a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and
(b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.
(a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and
(b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.
(5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.
(b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).
(7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.
(8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.
(1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.
(2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:
(a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and
(1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:
(a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and
Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.
(2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:
For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:
(a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;
Omit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.
(3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:
(a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and
Omit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.
(a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or
(b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:
Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.
(2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).
(c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:
(i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;
(ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;
(iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;
(iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and
(d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.
Note: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).
(4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).
(b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.
A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:
(b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.
Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.
Omit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.
(a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and
(i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or
Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).
(2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).
Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).
(3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.
(5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.
(1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:
(a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and
(4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:
(a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;
(b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:
(5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.
(1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.
(2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.
(3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:
(a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or
(b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).
(a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and
(7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:
(a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and
(10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:
(a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;
(a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or
(b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.
Omit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.
Omit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.
Omit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.
(1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:
Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formulaStart formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula
index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
(b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and
(c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).
(a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or
(b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.
(6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:
(a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and
(a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and
(b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and
Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).
(2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:
(3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.
then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.
(a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and
(i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or
Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.
Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).
(a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and
(b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.
(3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.
(4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.
(5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.
(6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.
(1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.
(2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:
(a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and
(1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.
(2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.
(3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:
(1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).
(2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:
(b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;
(3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.
(4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.
(5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.
The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.
The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:
(1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:
(b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;
(c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;
(2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.
(4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.
(2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.
(2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.
(1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.
(a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;
(a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or
(1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:
(2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:
(b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.
Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.
(1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.
(2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:
(c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).
(1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:
Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.
(b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.
(3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.
(4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:
(a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and
(i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or
(ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.
(5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:
(i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or
(1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.
(2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:
(3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.
(5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.
(b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.
(a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and
(5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:
(5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.
(11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).
(1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.
Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.
The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.
(a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;
Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.
(1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.
Add:
(4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:
executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).
(c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.
(2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:
(d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.
Omit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.
Omit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.
Omit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.
(2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.
(2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).
(b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).
After “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.
Omit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.
(c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).
Omit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.
(b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.
7
Interim apprehended violence order
Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a).
8
Final apprehended violence order
In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld.
Omit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.
(a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or
3
Firearms permit—interim apprehended violence order
In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a).
4
Firearms permit—final apprehended violence order
In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld.
Omit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.
(a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or
(1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.
(b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;
Add:
32
A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm.
Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
(b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;
the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.
(2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.
(1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:
Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).
(2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.
(1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:
(c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and
(a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and
(c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.
(1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.
Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.
Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).
(3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.
(1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:
(a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and
(b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.
(a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and
(b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
(b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and
(a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and
(a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and
(b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and
Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.
A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.
(a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and
(b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and
Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.
(i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or
(b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and
Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.
(a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and
The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.
(1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:
(b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.
(b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.
(6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.
(7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.
(1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:
Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).
(5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.
(6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.
(7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.
Add:
Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
Add:
Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
Add:
Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.
Omit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.
Add:
Add:
On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.
(3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.
Add:
(5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.
(1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:
(c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;
(1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.
Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.
(2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:
(a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;
Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.
(3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.
(1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:
Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.
(a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and
8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales
To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);
to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.
(1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.
To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:
(b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or
(c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;
to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.
Omit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.
Add:
Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.
Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.
(a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and
(a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or
and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).
(b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, 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.
Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.
Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.
Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).
public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.
territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:
(a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or
(a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or
(b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).
12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.
(1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.
(2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.
(3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.
(4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.
For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.
In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:
(1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.
The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.
(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.
(4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:
(a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or
(b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
(5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.
Omit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.
Omit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.
Omit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.
Add:
(1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.
(2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.
(1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.
(2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.
(1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:
(a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or
(b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.
(d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.
(2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.
Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.
(4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.
(5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.
(6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.
(a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and
(b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;
the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.
(8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:
(ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or
The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.
To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.
(1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:
(4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).
(5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.
(a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and
(b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;
Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.
(6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.
Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.
by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and
(2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.
If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.
Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.
(b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:
(b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.
(2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.
(1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:
(a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;
Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.
Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.
the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.
(1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:
(f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.
(2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).
(3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.
(1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.
(2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.
(3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:
(a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and
(b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.
(1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.
(3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.
(a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and
(i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or
(ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).
Omit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.
(a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and
(3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).
(2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.
The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:
Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).
Add “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.
Add “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.
(aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);
Omit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.
Omit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.
Omit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.
Omit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.
ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.
Omit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.
Add:
Omit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.
(1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.
(1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.
Omit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.
Add:
(i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or
Omit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.
health profession means the following professions, and includes a recognised specialty in any of the following professions:
(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or
(b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.
registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).
(b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.
(b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.
Omit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.
Omit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.
Omit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.
Omit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).
Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).
Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.
The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.
(1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.
Add:
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
(4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.
(a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
(1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:
(1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:
(2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.
(1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.
(2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:
(a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
Omit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.
Add:
Omit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.
If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.
registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).
ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.
approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).
approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).
declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.
prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:
significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.
(1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.
(2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.
Omit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.
(2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).
(3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.
(2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.
(1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.
(b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.
(1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.
(2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.
(3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.
(4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.
(ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and
(9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.
(10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.
(b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.
(2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:
(1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.
(1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.
(c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.
(1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).
(2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.
30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project
Add:
(b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.
After “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.
Add:
(a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and
(b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.
(2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.
Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).
(c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and
(d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.
(c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and
(d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.
Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.
(1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:
(3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.
(4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.
(1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.
(b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and
(c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.
(3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.
(1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.
(a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and
(b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.
(5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.
(6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.
After “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.
Omit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.
(b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and
(c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.
After “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.
Add:
A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.
Add:
(b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.
56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project
After “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.
(1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:
(2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.
(1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.
(2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.
(a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and
Omit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.
Add “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.
Omit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.
After “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.
(aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or
Omit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.
(ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or
Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.
The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.
Add:
(2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.
19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project
(iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.
22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project
The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:
(a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and
(b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and
26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project
Omit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.
Omit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.
Omit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.
dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.
Omit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.
Omit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.
(4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.
Omit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.
(4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.
(9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.
(4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.
At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.
(2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.
Omit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.
corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.
Omit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.
The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.
Add:
(6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.
Add:
(5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).
(b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.
Add:
A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:
(5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.
Omit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.
Omit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.
Omit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.
(1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:
(1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:
(c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.
(3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.
(1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:
(2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.
(3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.
(4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).
(1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.
(a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or
(b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.
Add:
(3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:
Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.
Add:
Omit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.
Omit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.
Omit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.
Omit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.
Omit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.
Omit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.
Omit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.
Omit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.
Add:
(4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:
(a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and
a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:
If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.
if:
(b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and
(i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and
(1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:
(9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.
(1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:
Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.
(2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:
(4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.
(5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.
(i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or
(c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and
(2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:
(e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;
(f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.
(3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.
(4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:
(c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;
(5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:
(a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or
(b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.
(7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.
(a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and
(2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:
Omit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.
of:
Omit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.
Omit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.
Omit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.
Omit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.
Omit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.
(5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.
Add:
continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.
The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.
The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.
Add:
; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).
Add:
(3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:
(iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;
(c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.
(4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:
(b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:
(iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;
(c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.
(5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.
(7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.
(8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.
Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.
Add:
(b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:
(2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:
(3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).
(4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:
(5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:
(6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.
Omit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.
breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:
saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:
Add:
(c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or
Add:
(8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.
(9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.
Omit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.
(3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:
(3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:
(a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or
(i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;
(c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;
(ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.
Add “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.
(ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and
(iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.
this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:
Omit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.
(ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or
Add:
(2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.
(a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and
(b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;
then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.
(2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:
(3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.
(1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.
(2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.
Add:
(b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.
(b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.
(iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or
(a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and
(d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility
(1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:
(b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or
(c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.
(2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.
(3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.
(4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.
(i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;
(ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or
(i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;
(ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or
(b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or
(c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or
(d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or
(e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.
(b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;
(c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);
(d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.
(1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.
(3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.
Omit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.
(iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);
(1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:
(2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:
(i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or
(5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.
Add:
(1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:
(1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:
Omit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.
Omit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:
(c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and
(3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:
Omit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.
(2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.
(a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:
(f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and
For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:
(a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or
(i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or
(1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.
This Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.
A printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.
I certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct
(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................
I further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.
Add:
(5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.
Add:
(3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).
Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.
Omit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.
(2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.
(3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.
(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.
Example: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.
(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.
If, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.
(a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and
(b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and
(c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;
the Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.
The amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.
(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.
Note 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.
Note 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.
(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.
(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.
(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:
(a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and
(ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.
(a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and
The amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.
Despite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:
(a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and
(b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and
(c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.
(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.
(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.
Enterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.
(a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;
Despite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.
(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
commencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.
Deputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.
Director means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.
then the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.
Despite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.
Despite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.