Territories Law Reform Act 2010

1 Short title [see Note 1]

This Act may be cited as the Territories Law Reform Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 to 3 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10 December 2010</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>11 December 2010</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>2</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent.</span></p><p class="Tabletext"><span>The Minister must announce by notice in the </span><span style="font-style:italic">Gazette</span><span> the time of the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent.</span></p><p class="Tabletext"><span>The notice is not a legislative instrument.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span>4.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span>11 December 2010</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>4</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6.</span><span> </span><span>Schedule</span><span> </span><span>1, items</span><span> </span><span>155 to 175</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>7.</span><span> </span><span>Schedule</span><span> </span><span>1, items</span><span> </span><span>176 to 182</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Immediately after the commencement of item</span><span> </span><span>3 of Schedule</span><span> </span><span>2 to the </span><span style="font-style:italic">Freedom of Information Amendment (Reform) Act 2010</span><span>.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>May 2011</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>8.</span><span> </span><span>Schedule</span><span> </span><span>1, items</span><span> </span><span>183 to 239</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>9.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>6</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span></span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>10.</span><span> </span><span>Schedule</span><span> </span><span>1, Part</span><span> </span><span>7</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>January 2011</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>11.</span><span> </span><span>Schedules</span><span> </span><span>2 and 3</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>11 December 2010</span></p></td></tr></tbody></table>

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

9 Deputies of Administrator

(1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies. (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator. (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator.

20 Subsection 10(2)

Omit “The Deputy Administrator”, substitute “A deputy of the Administrator”.

21 Subsection 11(2)

Repeal the subsection, substitute:

(2) The Executive Council consists of: (a) the Chief Minister; and (b) such other Ministers as are appointed by the Administrator under section 13.

22 Subsection 11(8)

Repeal the subsection.

23 Sections 12, 13 and 14

Repeal the sections, substitute:

12 Ministers

(1) There is to be: (a) a Chief Minister of the Territory; and (b) at least one, and not more than 3, other Ministers of the Territory. (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3. (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed. (4) For the purposes of subsection (3), a person who: (a) is an APS employee; or (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply; is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.

12A Nomination of Chief Minister

(1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister. (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then: (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister. (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister. (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister. (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister.

13 Appointment of Ministers

(1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister. (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly.

Note: The maximum number of other Ministers is 3—see subsection 12(1).

(3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time. (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister.

14 Termination

Chief Minister (1) A person ceases to hold office as the Chief Minister when: (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or (b) he or she is dismissed from office by the Administrator under section 14A; or (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or (d) the Legislative Assembly passes a resolution of no confidence in him or her; or (e) a notice about a general election is published under subsection 39AB(1); or (f) the Legislative Assembly is dissolved under section 39AC; or (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect; whichever first happens. Other Ministers (2) A person ceases to hold office as a Minister (other than the Chief Minister) when: (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or (b) he or she is dismissed from office by the Administrator under section 14A; or (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or (d) a notice about a general election is published under subsection 39AB(1); or (e) the Legislative Assembly is dissolved under section 39AC; or (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect; whichever first happens.

14A Dismissal of Ministers

(1) The Administrator may dismiss the Chief Minister from office if, in the Administrator’s opinion, there are exceptional circumstances that justify the Administrator so doing. (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister.

24 Subsection 15(2)

Omit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.

Note: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.

25 Subsection 15(3)

Omit “does not hold executive office”, substitute “is not a Minister”.

26 At the end of Part III

Add:

15A Ministerial portfolios

(1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister. (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister. (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister. (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette.

27 After subsection 21(1)

Insert:

(1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General’s pleasure.

28 At the end of paragraph 21(2)(a)

Add:

(iii) that he or she reserves the proposed law for the Governor‑General’s pleasure; or

29 Subsection 21(5)

Omit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.

30 Subsection 21(6)

Omit “Minister”, substitute “responsible Commonwealth Minister”.

31 Subsection 22(3)

Omit “21(2)”, substitute “21(1A) or (2)”.

32 At the end of Division 2 of Part IV

Add:

26A Responsible Commonwealth Minister may introduce proposed law

The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.

33 At the end of paragraph 27(1)(a)

Add “and”.

34 Paragraph 27(1)(b)

Omit “and”.

35 Paragraph 27(1)(c)

Repeal the paragraph.

36 Subsection 27(4)

Omit “Minister”, substitute “responsible Commonwealth Minister”.

37 Subsection 28A(1)

Omit “Minister”, substitute “responsible Commonwealth Minister”.

38 After subsection 35(1)

Insert:

(1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.

39 At the end of Division 1 of Part V

Add:

39AA Dismissal of members of the Legislative Assembly

The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in: (a) seriously unlawful conduct; or (b) grossly improper conduct.

39AB Resolution of no confidence in the Chief Minister

(1) If: (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC; a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette. (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days. (3) The specified day must not be the polling day for: (a) an election of the Senate; or (b) a general election of the House of Representatives. (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette. (5) During the period: (a) beginning when the notice is published under subsection (1); and (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1); the Administrator: (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General. (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation. (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day. (8) A notice under subsection (1) or (4) is not a legislative instrument. (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.

39AC Dissolution of Legislative Assembly by the Governor‑General

(1) If, in the opinion of the Governor‑General, the Legislative Assembly: (a) is incapable of effectively performing its functions; or (b) is conducting its affairs in a grossly improper manner; the Governor‑General may dissolve the Legislative Assembly. (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette. (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution. (4) The specified day must not be the polling day for: (a) an election of the Senate; or (b) a general election of the House of Representatives. (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette. (6) During the period: (a) beginning when the Legislative Assembly is dissolved; and (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution; the Administrator: (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General. (7) The powers of the Governor‑General under this section are to be exercised by Proclamation. (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be: (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution. (9) A notice under subsection (2) or (5) is not a legislative instrument. (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.

40 At the end of section 42

Add:

(7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.

41 After section 42

Insert:

42A Resolution of no confidence in the Chief Minister

(1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless: (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and (c) the resolution is passed by at least the number of members necessary to be a quorum; and (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly. (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion.

42 Section 49

Omit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.

43 Subsection 50(1)

Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.

44 Subsection 50A(1)

Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.

45 Subsection 50A(2)

Omit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.

46 Subsection 50D(1)

Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.

Note: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.

47 Subsection 50D(1)

Omit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.

48 Subsection 50D(2)

Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.

49 Subsection 53(2)

Omit “Minister”, substitute “responsible Commonwealth Minister”.

50 After section 61

Insert:

61A Norfolk Island Public Service Values

(1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values. (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values.

51 Section 62

Omit “Minister”, substitute “responsible Commonwealth Minister”.

52 Subsection 65(4)

Omit “executive member”, substitute “Minister”.

53 Subsection 67(2)

Omit all the words after “or 3,”, substitute:

but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless: (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a).

54 Item 42 of Schedule 2

Omit “executive members”, substitute “Ministers”.

55 Schedule 6

Omit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.

56 Transitional—Chief Minister

(1) This item applies to a person if:

(a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and
(b) the person was designated as the Chief Minister.

(2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act.

(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).

57 Transitional—other Ministers

(1) This item applies to a person if:

(a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and
(b) the person was not designated as the Chief Minister.

(2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act.

(3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2).

58 Transitional—maximum number of Ministers

(1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3.

(2) During the period:

(a) beginning at the commencement of this item; and
(b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item;

the following provisions of the Norfolk Island Act 1979 as amended by this Division:

(c) paragraph 12(1)(b);
(d) the note at the end of subsection 13(2);

have effect as if each reference in those provisions to 3 were a reference to the transitional number.

59 Application of amendments—nomination of Chief Minister

Subsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.

60 Application of amendments—presentation of proposed laws

The amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.

Division 2—Consequential amendments

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

61 Subsection 13(1) (definition of Minister)

Repeal the definition.

Environment Protection and Biodiversity Conservation Act 1999

62 Subsection 393(3)

Omit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.

63 Subsection 393(3)

Omit “that Act”, substitute “the Norfolk Island Act 1979”.

64 Subsection 398(2)

Omit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.

65 Subsection 398(2)

Omit “that Act”, substitute “the Norfolk Island Act 1979”.

Freedom of Information Act 1982

66 Subparagraph 4(3)(a)(iii)

Omit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.

Hazardous Waste (Regulation of Exports and Imports) Act 1989

67 Subsection 42(4)

Repeal the subsection.

Historic Shipwrecks Act 1976

68 Paragraph 4A(12)(c)

Omit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.

International Criminal Court Act 2002

69 Section 4 (paragraph (d) of the definition of State Minister)

Omit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.

70 Section 4 (definition of State Minister)

Omit “or executive member” (wherever occurring).

71 Section 4 (definition of State Minister)

Omit “or executive member’s”.

International Transfer of Prisoners Act 1997

72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)

Omit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.

73 Subsection 4(1) (definition of Territory Minister)

Omit “or executive member” (wherever occurring).

74 Subsection 4(1) (definition of Territory Minister)

Omit “or executive member’s”.

National Health Security Act 2007

75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)

Repeal the paragraph, substitute:

(d) the Minister of Norfolk Island;

Privacy Act 1988

76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)

Repeal the subparagraphs.

Remuneration Tribunal Act 1973

77 Paragraph 3(4)(jaa)

Omit “executive member”, substitute “Minister”.

Part 2—Amendments relating to elections

Division 1—Dates for elections

Norfolk Island Act 1979

78 Subsection 35(2)

Omit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.

79 At the end of section 35

Add:

(3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.

Division 2—Other matters

Norfolk Island Act 1979

80 Subsection 31(3)

After “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.

81 At the end of section 31

Add:

(4) The regulations may make provision for or in relation to the following matters: (a) the method of balloting; (b) the manner in which voters are to indicate their votes; (c) the manner in which voters’ votes are to be used to obtain a result for an election; (d) matters incidental or ancillary to the above matters. (5) The regulations may make provision for or in relation to the following matters: (a) the filling of casual vacancies in the offices of members of the Legislative Assembly; (b) matters incidental or ancillary to the above matter.

82 Section 37

Repeal the section.

83 Before section 38

Insert:

37A Arrangements with the Australian Electoral Commission

The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to: (a) general elections of members of the Legislative Assembly; and (b) the filling of casual vacancies in the offices of members of the Legislative Assembly.

84 Application of amendments

(1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item.

(2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item.

Part 3—Amendments relating to finance

Norfolk Island Act 1979

85 Subsection 4(1) (definition of accounts of the Territory)

Repeal the definition.

86 Subsection 4(1) (definition of Auditor)

Repeal the definition.

87 Subsection 4(1)

Insert:

Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.

88 Subsection 4(1)

Insert:

Commonwealth Finance Minister’s Orders means Orders made under section 48T.

89 Subsection 4(1)

Insert:

Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.

90 Subsection 4(1)

Insert:

Federal Court means the Federal Court of Australia.

91 Subsection 4(1)

Insert:

financial management and accountability provisions means:

(a) the provisions of Divisions 2, 3 and 4 of Part VI; or
(b) regulations made for the purposes of a provision of Division 2 of Part VI; or
(c) the Commonwealth Finance Minister’s Orders.

92 Subsection 4(1)

Insert:

money of a Territory authority means:

(a) money in the custody or under the control of a Territory authority; or
(b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;

and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.

93 Subsection 4(1)

Insert:

performance audit has the same meaning as in the Auditor‑General Act 1997.

94 Subsection 4(1)

Insert:

property of a Territory authority means:

(a) property in the custody or under the control of a Territory authority; or
(b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;

including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.

95 Subsection 4(1)

Insert:

Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).

96 Subsection 4(1)

Insert:

public money of the Territory means:

(a) money in the custody or under the control of the Administration; or
(b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;

and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.

97 Subsection 4(1) (definition of public moneys of the Territory)

Repeal the definition.

98 Subsection 4(1)

Insert:

public property of the Territory means:

(a) property in the custody or under the control of the Administration; or
(b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;

including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.

99 Subsection 4(1)

Insert:

responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.

100 Subsection 4(1)

Insert:

Territory authority means:

(a) a body corporate established for a public purpose by or under an enactment; or
(b) a body, entity, organisation or group of persons specified in the regulations; or
(c) a body corporate in which:
(i) the Administration; or
(ii) a body corporate referred to in paragraph (a); or
(iii) a body, entity, organisation or group of persons referred to in paragraph (b);
has a controlling interest.

For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.

101 Section 25

Omit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.

Note: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.

102 At the end of section 25

Add:

Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).

103 Paragraph 27(3)(a)

Omit “moneys”, substitute “money”.

104 Section 46

Repeal the section.

105 Before section 47

Insert:

Division 1—Public Account of Norfolk Island

106 Subsections 47(1) and (2)

Omit “public moneys”, substitute “public money”.

107 Subsection 47(4)

After “Public Account”, insert “of Norfolk Island”.

108 Subsection 47(4)

Omit “moneys” (first occurring), substitute “money”.

109 Subsection 47(4)

Omit “those moneys”, substitute “that money”.

110 Subsection 47(5)

After “Public Account”, insert “of Norfolk Island”.

111 Subsection 47(5)

Omit “moneys” (first occurring), substitute “money”.

112 Subsection 47(5)

Omit “those moneys”, substitute “that money”.

113 Subsection 48(1)

Omit “moneys”, substitute “money”.

114 Subsection 48(1)

After “by”, insert “an appropriation made by”.

115 At the end of subsection 48(1)

Add:

Note: See also section 25 (proposal of money Bills).

116 Subsection 48(2)

Omit “moneys”, substitute “money”.

117 After section 48

Insert: