33B Copies of certain reports to be given to the Norfolk Island Justice Minister
(1) If:
(a) the Commissioner gives a report to the Minister under section 30, 31 or 32; and
(b) the report relates to a Norfolk Island matter;
the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.
(2) For the purposes of this section, a report relates to a Norfolk Island matter if:
(a) in the case of a report under section 30—the report relates to an act or practice of a Norfolk Island agency; or
(b) in the case of a report under section 31—the report relates to a proposed Norfolk Island enactment; or
(c) in the case of a report under section 32—the report relates to an activity or audit of a Norfolk Island agency.
276 Paragraph 34(2)(a)
Before “, being”, insert “or a Norfolk Island Minister”.
277 At the end of paragraph 34(2)(b)
Add “or a Norfolk Island Minister”.
278 Section 37 (after table item 5)
Insert:
5A
A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
5B
An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1)
The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
5C
A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1)
The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island)
5D
A court of Norfolk Island
The registrar or principal registrar of the court or the person occupying an equivalent office
279 Subsection 43(7)
Before “that the matter”, insert “or Norfolk Island Minister (if any)”.
280 Subsection 43(8)
Before “concerned”, insert “or a Norfolk Island Minister”.
281 Subsection 43(8A)
After “a Minister”, insert “or a Norfolk Island Minister”.
282 At the end of paragraph 43(9)(b)
Add “or Norfolk Island Minister”.
283 Subsection 50(1)
Insert:
Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.
284 After subparagraph 50(2)(a)(ii)
Insert:
(iia) to the Ombudsman under a particular Norfolk Island enactment; or
285 At the end of paragraph 50(2)(b)
Add “or”.
286 After paragraph 50(2)(b)
Insert:
(ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;
287 After subparagraph 50(3)(a)(ii)
Insert:
(iia) to the Ombudsman under the Norfolk Island enactment concerned; or
288 At the end of paragraph 50(3)(b)
Add “or”.
289 After paragraph 50(3)(b)
Insert:
(c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;
290 Before subsection 60(3)
Insert:
(2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.
291 At the end of section 66
Add:
Norfolk Island
(12) In this section:
Attorney‑General, in relation to Norfolk Island, means the Norfolk Island Justice Minister.
State includes Norfolk Island.
292 At the end of subsection 68(1)
Add “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.
293 At the end of section 70
Add:
(4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:
(a) the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or
(b) the production to the Commissioner of a specified document or other record;
would be contrary to the public interest because it would:
(c) involve the disclosure of communications between a Norfolk Island Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of Norfolk Island and the Government of the Commonwealth or of a State; or
(d) involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or
(e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or
(f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or
(g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or
(h) endanger the life or physical safety of any person;
the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.
294 Subsection 80G(1) (definition of secrecy provision)
Omit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.
295 After subsection 80R(1)
Insert:
(1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.
296 At the end of section 89
Add:
; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.
297 Application—Commonwealth contracts
To the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.
Schedule 2—Amendments relating to Christmas Island