Div 17Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

Division 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

fee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.

(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.

(a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and
(b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.

The reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.

The reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.

(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.

(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.

The amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:

amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.

(a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;
(b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.

(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.

(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.

(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.

(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:

(b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.

(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:

(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.

(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.

(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.

Note: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.

(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:

(b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.

(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).

(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.

(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.

(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.

(b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;
(c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;
(d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.

(a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and
(b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.

(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.

(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.

(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.

(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.

(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:

(a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or
(b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.

(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.

Note: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).

(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.

(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.

(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.

(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.

(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.

Note: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).

(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.

(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.

An approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.

(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.

(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:

(a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and

(a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and
(b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and
(c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and
(d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.

(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.

(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.

In this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.

The amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:

The amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.