(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.
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.