Commonwealth Numbered Acts Commonwealth Numbered ActsDivision 1--Amendment of the Norfolk Island Act 1979
1 Subsection 4(1) (definition of Acting Administrator )
Repeal the definition.
2 Subsection 4(1) (definition of Administration )
Repeal the definition.
3 Subsection 4(1) (definition of Administrator )
Repeal the definition.
4 Subsection 4(1) (definition of Advisory Council )
Repeal the definition.
5 Subsection 4(1) (definition of Chief Executive Officer )
Repeal the definition.
6 Subsection 4(1) (definition of Commonwealth Finance Minister )
Repeal the definition.
7 Subsection 4(1) (definition of Commonwealth Finance Minister's Orders )
Repeal the definition.
8 Subsection 4(1) (definition of Commonwealth Financial Officer for Norfolk Island )
Repeal the definition.
9 Subsection 4(1)
Insert:
"court officer of New South Wales " means a person holding, or performing the functions or duties of, any of the following offices:
(a) any of the following offices in a court of New South Wales:
(i) Judge;
(ii) Magistrate (however described);
(iii) Master;
(iv) Registrar (however described);
(v) Clerk (however described);
(vi) Sheriff (however described);
(vii) Bailiff (however described);
(b) any other office that is:
(i) in respect of a court of New South Wales; and
(ii) specified in the regulations.
"court of New South Wales " includes a tribunal established under a law of New South Wales.
10 Subsection 4(1) (definition of Executive Director )
Repeal the definition.
11 Subsection 4(1) (definition of Federal Court )
Repeal the definition.
12 Subsection 4(1)
Insert:
"final transition time " means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 .
13 Subsection 4(1) (definition of financial management and accountability provisions )
Repeal the definition.
14 Subsection 4(1) (definition of member of the Advisory Council )
Repeal the definition.
15 Subsection 4(1) (definition of money of a Territory authority )
Repeal the definition.
16 Subsection 4(1) (definition of Norfolk Island Public Service Values )
Repeal the definition.
17 Subsection 4(1)
Insert:
"Norfolk Island Regional Council " means a body corporate that is:
(a) established by or under a law in force in the Territory; and
(b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.
18 Subsection 4(1) (definition of performance audit )
Repeal the definition.
19 Subsection 4(1) (definition of property of a Territory authority )
Repeal the definition.
20 Subsection 4(1) (definition of Public Account of Norfolk Island )
Repeal the definition.
21 Subsection 4(1) (definition of public money of the Territory )
Repeal the definition.
22 Subsection 4(1) (definition of public property of the Territory )
Repeal the definition.
23 Subsection 4(1) (definition of responsible manager )
Repeal the definition.
24 Subsection 4(1) (definition of Territory authority )
Repeal the definition.
25 Parts II and III
Repeal the Parts.
26 Section 15
Repeal the section, substitute:
15 Laws in force in the Territory
After the final transition time, the laws in force in the Territory from time to time are:
(a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and
(b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and
(c) section 19A Ordinances as in force from time to time; and
(d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and
(e) New South Wales laws as in force in the Territory in accordance with section 18A.
27 At the end of Division 1 of Part IV
Add:
18A Application of New South Wales laws
(1) Subject to this section and section 18B, the provisions of the law of New South Wales (whether made before or after the final transition time), as in force in New South Wales from time to time, are in force in the Territory.
(2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance.
(3) A section 19A Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.
(4) To the extent that a law is in force in the Territory under subsection (1), it has no effect to the extent that it is inconsistent with:
(a) the Constitution; or
(b) an Act; or
(c) an enactment.
(5) For the purposes of subsection (4), a law is taken to be consistent with:
(a) an Act; or
(b) an enactment;
to the extent that the law is capable of operating concurrently with it.
(6) In this section:
"provision of the law of New South Wales " :
(a) includes a principle or rule of common law or equity that is part of the law of New South Wales; and
(b) does not include an Act or a provision of an Act.
18B Powers and functions under the applied New South Wales laws
Vesting of powers in the Minister
(1) If a power is vested in:
(a) a Minister of New South Wales; or
(b) the Governor of New South Wales; or
(c) the Governor-in-Council of New South Wales;
by a New South Wales law in force in the Territory under section 18A, the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.
(2) If:
(a) a power is vested in a person (other than a court officer of New South Wales) or an authority (other than a court of New South Wales) by a New South Wales law in force in the Territory under section 18A; and
(b) subsection (1) does not apply to the power;
the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection.
Delegation etc.
(3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:
(a) direct that the power is also vested in a specified person or authority; or
(b) delegate the power to a specified person.
(4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the responsible Commonwealth Minister in the direction, delegate the power, in writing, to a specified person.
(5) If:
(a) a power is vested in the responsible Commonwealth Minister under subsection (2); and
(b) a person, or an authority, who is:
(i) an officer or employee of New South Wales; or
(ii) an authority of New South Wales; or
(iii) an officer or employee of an authority of New South Wales;
is subject to an arrangement under section 18C; and
(c) the power corresponds to a power that the person or authority is authorised, under a law in force in New South Wales, to exercise in, or in a part of, New South Wales:
(i) whether in the person's own right or the authority's own right; or
(ii) whether in the capacity of a delegate; or
(iii) whether in any other way;
the responsible Commonwealth Minister is taken to have directed under paragraph (3)(a) that the first-mentioned power is also vested in the person or authority, as the case may be.
(6) The Minister may direct that subsection (5) does not apply to a specified power.
(7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.
Other matters
(8) An instrument under this section may identify a power by reference to a class of powers.
(9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in New South Wales.
(10) This section does not affect the operation of section 18A in relation to the application in or in relation to the Territory of a law (a subordinate law ) made under a New South Wales law (whether the subordinate law is made before or after the final transition time).
(11) An instrument under this section is not a legislative instrument.
(12) In this section:
"authority " means:
(a) a body corporate, or an unincorporated body, established for a public purpose; or
(b) an authority (within the ordinary meaning of that expression).
"authority of New South Wales " means an authority established by or under a New South Wales law.
"power includes function or duty, and, in that context, exercise" means perform.
18C Arrangements with the Government of New South Wales
(1) The Commonwealth may enter into arrangements with New South Wales for the effective application and administration of the laws in force in the Territory.
(2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers or the performance of functions or duties by:
(a) an officer or employee of New South Wales; or
(b) an authority of New South Wales (within the meaning of section 18B); or
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B);
in or in relation to the Territory.
28 Part VI
Repeal the Part.
29 Section 61A
Repeal the section.
Division 2--Amendments of other legislation
Aboriginal and Torres Strait Islander Act 2005
30 Subsection 5(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
31 Subsection 5(2)
Omit ", of the Northern Territory or of Norfolk Island", substitute "or of the Northern Territory".
A.C.T. Self-Government (Consequential Provisions) Regulations
32 Schedule 1 (modifications relating to the Extradition Act 1988 )
Repeal the modifications.
Administrative Appeals Tribunal Act 1975
33 Subsection 67A(2)
Omit all the words after "given", substitute "to the Secretary of the Department administered by the Minister administering the Norfolk Island Act 1979 ".
34 Subsection 8(4) (definition of government )
Omit ", the Northern Territory or the Administration of Norfolk Island", substitute "or the Northern Territory".
Aged Care (Accommodation Payment Security) Act 2006
35 Subsection 4(2)
After "except", insert "Norfolk Island,".
36 Section 6
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
37 Subsection 4-1(2)
After "except", insert "Norfolk Island,".
38 At the end of section 4-1
Add:
(4) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to Norfolk Island, and that references in those Parts to a State will be relevant to New South Wales as if it included Norfolk Island.
39 After subsection 12-6(1A)
Insert:
(1B) If the Secretary determines the * regions within New South Wales, he or she must determine that one of those regions consists of Norfolk Island.
40 Clause 1 of Schedule 1
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Aged Care (Transitional Provisions) Act 1997
41 Subsection 4-1(2)
After "except", insert "Norfolk Island,".
42 At the end of section 4-1
Add:
(4) Despite subsection (1), Part 3.1 applies in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.
Note: This has the effect that references in Part 3.1 to a Territory do not apply to Norfolk Island, and that references in that Part to a State will be relevant to New South Wales as if it included Norfolk Island.
43 Clause 1 of Schedule 1
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
44 Subsection 13(1)
Omit ", of each of the States and of Norfolk Island", substitute "and of each of the States".
45 Subsection 13(2)
Omit ", of a State or of Norfolk Island", substitute "or of a State".
Agricultural and Veterinary Chemicals Act 1994
46 Section 14
Omit ", of the Australian Capital Territory and of Norfolk Island", substitute "and of the Australian Capital Territory".
47 Section 16
Omit ", of the Australian Capital Territory or of Norfolk Island", substitute "or of the Australian Capital Territory".
48 Subsection 8(1)
Omit ", of each of the States and of Norfolk Island", substitute "and of each of the States".
Airports (Transitional) Act 1996
49 Subsection 7(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
50 Section 4
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
A New Tax System (Family Assistance) Act 1999
51 At the end of Part 1
Add:
This Act extends to Norfolk Island.
52 Subsection 3(1)
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
A New Tax System (Family Assistance) (Administration) Act 1999
53 At the end of Part 1
Add:
This Act extends to Norfolk Island.
54 Subsection 80(5)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
55 Subsection 89(9)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
56 Subsections 245(7) and (8)
Repeal the subsections.
57 Subsection 3(1) (subparagraph (a)(i) of the definition of authority of the Commonwealth )
Omit "or Norfolk Island".
58 Subsection 3(1) (paragraph (h) of the definition of Commonwealth institution )
Omit "other than Norfolk Island".
59 Paragraph 3(2)(g)
Omit ", the Northern Territory or Norfolk Island" (wherever occurring), substitute "or the Northern Territory".
60 Paragraphs 23(a) and (b)
Omit ", Norfolk Island".
61 After section 3
Insert:
This Act extends to Norfolk Island.
62 Section 5
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Australian Aged Care Quality Agency Act 2013
63 Section 3
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
64 Subsection 6(2)
After "except", insert "Norfolk Island,".
Australian Crime Commission Act 2002
65 Section 5
Omit ", of the Australian Capital Territory, and of Norfolk Island", substitute "and of the Australian Capital Territory"
Australian Federal Police Act 1979
66 Subsection 8(1C)
Repeal the subsection, substitute:
(1C) The Minister may enter into an arrangement with:
(a) the Minister administering the Department that deals with the administration of an external Territory; or
(b) the Administrator (if any) of an external Territory;
for the provision of police services and regulatory services for that Territory.
67 Subsection 42J(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Australian Hearing Services Act 1991
68 Subsection 4(1)
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
69 After section 6
Insert:
This Act extends to Norfolk Island.
Australian Human Rights Commission Act 1986
70 Subsection 6(1)
Omit "and of Norfolk Island".
71 Subsection 6(2)
Omit ", of a State or of Norfolk Island", substitute "or of a State".
Australian Organ and Tissue Donation and Transplantation Authority Act 2008
72 Section 4
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
73 Section 7
Omit "other than Norfolk Island".
Australian Postal Corporation Act 1989
74 Section 10
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
75 Subsections 38A(2) and (4)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
76 Section 4
Omit ", of the Australian Capital Territory and of Norfolk Island", substitute "and of the Australian Capital Territory".
Broadcasting Services Act 1992
77 Clause 96 of Schedule 5
Omit ", the Australian Capital Territory or Norfolk Island", substitute "or the Australian Capital Territory".
78 Clause 123 of Schedule 7
Omit ", the Australian Capital Territory or Norfolk Island", substitute "or the Australian Capital Territory".
Carbon Credits (Carbon Farming Initiative) Act 2011
79 Subsections 296(7) and (8)
Repeal the subsections.
Charter of the United Nations Act 1945
80 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Child Support (Assessment) Act 1989
81 Section 10
Omit "the external Territories", substitute "an external Territory other than Norfolk Island".
82 Subsection 16(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
83 At the end of Part 1
Add:
This Act extends to Norfolk Island.
Child Support (Registration and Collection) Act 1988
84 Subsection 4(1) (paragraph (a) of the definition of resident of Australia )
Omit "the external Territories", substitute "an external Territory other than Norfolk Island".
85 Subsection 8(1)
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
86 Subsection 8(2)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
87 Section 20 (heading)
Repeal the heading, substitute:
20 Arrangements with States and Northern Territory for transfer of liabilities
88 Section 20
Omit "or Norfolk Island".
89 Section 21 (heading)
Repeal the heading, substitute:
90 Section 21
Omit "or Norfolk Island".
91 Subsection 50(3)
Omit "or Norfolk Island".
92 Subsection 5(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Civil Aviation (Carriers' Liability) Act 1959
93 Subsection 7(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Commonwealth Grants Commission Act 1973
94 Subsection 5(3)
Repeal the subsection.
95 Section 16C
Repeal the section.
96 Section 16D (heading)
Repeal the heading, substitute:
16D Inquiries relating to external Territories
97 Section 16D
Omit "(other than the Territory of Norfolk Island)".
98 Subsections 25(1) and (2)
Omit "16C,".
99 Subsection 10(1) (definition of the Crown )
Omit ", the Crown in right of the Northern Territory and the Crown in right of Norfolk Island", substitute "and the Crown in right of the Northern Territory".
100 Subsection 10(1) (definition of the Crown )
Omit "or Norfolk Island".
101 Paragraph 10(3)(e)
Omit "and the Crown in right of Norfolk Island".
Corporations (Aboriginal and Torres Strait Islander) Act 2006
102 Subsection 1-10(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
103 Section 3B (heading)
Repeal the heading, substitute:
3B Arrangements with States, Australian Capital Territory and Northern Territory
104 Subsection 3B(1)
Omit ", the Administrator of the Northern Territory or the Administrator of Norfolk Island", substitute "or the Administrator of the Northern Territory".
105 Subparagraph 3B(2)(b)(i)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
106 Subparagraph 3B(2)(b)(iii)
Omit "Territory; and", substitute "Territory.".
107 Subparagraph 3B(2)(b)(iv)
Repeal the subparagraph.
108 Subsection 3CA(4)
Omit ", the Administrator of the Northern Territory or the Administrator of Norfolk Island", substitute "or the Administrator of the Northern Territory".
109 Paragraph 4AAB(1)(c)
Omit "and".
110 Paragraph 4AAB(1)(d)
Repeal the paragraph.
111 Subsection 16(1) (paragraph (a) of the definition of parole officer )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
112 Subsection 16(1) (paragraphs (a) and (b) of the definition of prescribed authority )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
113 Subsection 21F(1)
Omit ", the Administrator of the Northern Territory or the Administrator of Norfolk Island", substitute "or the Administrator of the Northern Territory".
114 Section 85ZQ
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
115 Section 3 (paragraphs (a) and (b) of the definition of magistrate )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
116 Paragraph 51(1)(b)
Omit "or of Norfolk Island" (first occurring).
117 Paragraph 51(1)(b)
Omit "or of Norfolk Island, as the case may be".
Crimes (Superannuation Benefits) Act 1989
118 Subsection 13(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
119 Dictionary in the Criminal Code (paragraph (h) of the definition of Commonwealth public official )
Repeal the paragraph.
120 Subsection 214BA(4)
Omit ", the Administrator of the Northern Territory or the Administrator of Norfolk Island", substitute "or the Administrator of the Northern Territory".
Data-matching Program (Assistance and Tax) Act 1990
121 At the end of Part 1
Add:
This Act extends to Norfolk Island.
122 Section 4
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
123 At the end of Part 1
Add:
7A Extension to external Territories
This Act extends to every external Territory.
124 Subparagraphs 18(2)(e)(iii) and (v)
Omit "an internal", substitute "a".
125 Subparagraphs 21(2)(e)(iii) and (v)
Omit "an internal", substitute "a".
126 Subsection 3(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Disability Discrimination Act 1992
127 Subsection 14(1)
Omit ", of each of the States and of Norfolk Island", substitute "and of each of the States".
128 Subsection 14(2)
Omit ", of a State or of Norfolk Island", substitute "or of a State".
129 Subsections 23(10) and 27(5)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Enhancing Online Safety for Children Act 2015
130 Section 102
Omit ", the Australian Capital Territory or Norfolk Island", substitute "or the Australian Capital Territory".
Environment Protection and Biodiversity Conservation Act 1999
131 Subsections 393(3) and 398(2)
Repeal the subsections.
132 Subsection 446(8)
Omit ", the Administrator of the Northern Territory or the Administrator of Norfolk Island", substitute "or the Administrator of the Northern Territory".
133 Paragraph 525(1)(a)
Omit "(including land owned in Norfolk Island)".
134 Paragraph 525(1)(b)
Omit "(including an area held under lease in Norfolk Island)".
135 Subparagraph 525(c)(i)
Omit "(except Norfolk Island)".
136 Section 528 (subparagraph (c)(iii) of the definition of agency )
Omit "or Norfolk Island".
137 Section 528 (subparagraph (g)(iii) of the definition of agency )
Omit "or Norfolk Island".
Environment Protection (Sea Dumping) Act 1981
138 Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian aircraft )
Add "or".
139 Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian aircraft )
Repeal the subparagraph.
140 Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian vessel )
Add "or".
141 Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian vessel )
Repeal the subparagraph.
142 Section 5 (definition of magistrate )
Repeal the definition, substitute:
"magistrate " means:
(a) a magistrate of a Territory other than the Australian Capital Territory or the Northern Territory; or
(b) a magistrate of a State, the Australian Capital Territory or the Northern Territory, being a magistrate in respect of whom an arrangement is in force under section 46.
143 Subsection 24(3)
Omit ", the Northern Territory or Norfolk Island" (wherever occurring), substitute " or the Northern Territory".
144 Subparagraph 24(3)(b)(ii)
Omit "or".
145 Subparagraph 24(3)(b)(iii)
Repeal the subparagraph.
146 Subsection 24(5)
Omit "or Norfolk Island".
147 Subsection 36(4)
Omit ", the Northern Territory or Norfolk Island" (wherever occurring), substitute "or the Northern Territory".
148 Subparagraph 36(4)(b)(ii)
Omit "or".
149 Subparagraph 36(4)(b)(iii)
Repeal the subparagraph.
150 Subsection 36(6)
Omit "or Norfolk Island".
151 Paragraph 46(1)(b)
Repeal the paragraph, substitute:
(b) arrange with:
(i) the Chief Minister of the Australian Capital Territory; or
(ii) the Administrator of the Northern Territory;
for the performance, by all or any of the persons who, from time to time hold office as magistrates of that Territory, of the functions of a magistrate under this Act.
152 Subsection 112AN(1)
After "Territory" (first occurring), insert "(other than Norfolk Island)".
153 Subsection 112AN(2) (paragraph (c) of the definition of relevant authority )
Omit "Territory; and", substitute "Territory.".
154 Subsection 112AN(2) (paragraph (d) of the definition of relevant authority )
Repeal the paragraph.
155 Subsection 116C(4)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Farm Household Support Act 2014
156 Subsection 5(1)
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
157 At the end of Part 1
Add:
This Act extends to Norfolk Island.
Financial Sector (Shareholdings) Act 1998
158 Subsection 5(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Financial Transaction Reports Act 1988
159 Subsection 5(1)
Omit ", of the Australian Capital Territory and of Norfolk Island", substitute "and of the Australian Capital Territory".
160 Subsection 5(2)
Omit ", of the Australian Capital Territory or of Norfolk Island", substitute "or of the Australian Capital Territory".
161 Subsection 6(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Foreign Corporations (Application Of Laws) Act 1989
162 Section 6
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
Freedom of Information Act 1982
163 Subsection 3(1)
Omit "or the Government of Norfolk Island".
164 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract )
Omit ", Norfolk Island".
165 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract )
Omit ", Norfolk Island".
166 Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority )
Repeal the paragraph.
167 Subsection 4(1) (subparagraph (d)(ii) of the definition of Norfolk Island authority )
Omit "enactment; or", substitute "enactment.".
168 Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority )
Repeal the paragraph.
169 Subparagraph 4(3)(a)(iii)
Repeal the subparagraph.
170 Subsection 4(3B)
Repeal the subsection, substitute:
(3B) A person is not taken to be a Norfolk Island authority because he or she holds, or performs the duties of:
(a) a prescribed office; or
(b) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or
(c) an office of member of a Norfolk Island authority; or
(d) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.
171 Paragraph 11B(4)(aa)
Repeal the paragraph.
172 Subsection 15(6) (heading)
Repeal the heading, substitute:
Extension of processing period to comply with requirements of section 26A, 27 or 27A
173 Subsection 15(6)
Omit "26AA,".
174 Paragraph 20(3)(c)
Omit ", Norfolk Island".
175 Subsection 26A(6)
Repeal the subsection.
176 Section 26AA
Repeal the section.
177 Subsection 45(1)
Omit ", the Commonwealth or Norfolk Island", substitute "or the Commonwealth".
178 Paragraph 45(2)(b)
Omit ", the Commonwealth or Norfolk Island", substitute "or the Commonwealth".
179 Subsection 47(3)
Omit all the words after "carried on", substitute:
by:
(a) the Commonwealth or a State; or
(b) an authority of the Commonwealth or of a State; or
(c) a Norfolk Island authority; or
(d) a local government authority.
180 Paragraph 47B(c)
Repeal the paragraph.
181 Paragraph 47B(d)
Omit "the Government of Norfolk Island or".
182 Paragraph 47B(e)
Repeal the paragraph.
183 Paragraph 47B(f)
Omit "to the Government of Norfolk Island,".
184 Paragraph 47B(f)
Omit "Norfolk Island or of".
185 Paragraph 47C(1)(c)
Omit "Commonwealth; or", substitute "Commonwealth.".
186 Paragraph 47C(1)(d)
Repeal the paragraph.
187 Section 47D (heading)
Repeal the heading, substitute:
47D Public interest conditional exemptions--financial or property interests of the Commonwealth
188 Section 47D
Omit ", of Norfolk Island".
189 Paragraph 47E(c)
Omit ", by Norfolk Island".
190 Paragraph 47G(1)(b)
Omit ", Norfolk Island".
191 Subsection 47G(4)
Omit all the words after "carried on", substitute:
by:
(a) the Commonwealth or a State; or
(b) an authority of the Commonwealth or of a State; or
(c) a Norfolk Island authority; or
(d) a local government authority.
192 Paragraph 47J(3)(g)
Omit "Norfolk Island,".
193 Subsection 53B(1) (table item 1A)
Repeal the item.
194 Subsection 53C(1) (table item 1A)
Repeal the item.
195 Paragraph 54P(1)(a)
Omit "26AA,".
196 Paragraph 54S(2)(b)
Omit "26AA,".
197 Subsection 54Y(2) (note)
Omit "26AA (documents affecting Norfolk Island intergovernmental relations),".
198 Subsection 55G(1) (note)
Omit "26AA (documents affecting Norfolk Island intergovernmental relations),".
199 Subsection 60AA(1)
Omit "26AA,".
200 Subsection 61(2)
Omit "26AA,".
201 Subsection 66(1)
Omit "or Norfolk Island".
202 Subsection 90(1)
Omit "Norfolk Island,".
203 Subsection 91(1A)
Omit "26AA,".
204 Subsection 91(1B)
Omit "Norfolk Island,".
205 Subsection 91(1B)
Omit "26AA,".
206 Paragraph 91(1C)(aa)
Repeal the paragraph.
207 Paragraph 91(1C)(d)
Omit "Norfolk Island,".
208 Paragraphs 91(2A)(aa) and 92(2)(aa)
Repeal the paragraphs.
Fringe Benefits Tax Assessment Act 1986
209 Subsection 163(3)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Hazardous Waste (Regulation of Exports and Imports) Act 1989
210 Section 10
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Health and Other Services (Compensation) Act 1995
211 Subsection 3(1) (definition of Territory )
Repeal the definition, substitute:
"Territory " means:
(a) an internal Territory; or
(b) Norfolk Island; or
(c) the Territory of Christmas Island; or
(d) the Territory of Cocos (Keeling) Islands.
212 After section 6
Insert:
This Act extends to Norfolk Island.
Healthcare Identifiers Act 2010
213 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
214 Subsection 3(1) (definition of Australia )
After "includes", insert "Norfolk Island,".
215 Before subsection 3(15)
Insert:
(14) For the purposes of the definition of patient contribution in subsection (1), Norfolk Island is taken to form part of the State of New South Wales.
216 After subsection 3C(7)
Insert:
(7A) For the purposes of this section, Norfolk Island is taken to form part of the State of New South Wales.
217 Section 7A
After "extends to", insert "Norfolk Island, to".
218 At the end of section 8
Add:
(2) For the purposes of this Part, Norfolk Island is taken to form part of the State of New South Wales.
219 Paragraph 18(1)(b)
After "internal Territory,", insert "Norfolk Island,".
220 Subsection 23DF(18)
Omit "or of an internal Territory", substitute ", of an internal Territory or of Norfolk Island".
Human Services (Centrelink) Act 1997
221 Section 3
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
222 Section 5
After "extends to", insert "Norfolk Island, to".
Human Services (Medicare) Act 1973
223 Section 3
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
224 At the end of Part I
Add:
This Act extends to Norfolk Island.
Immigration (Guardianship of Children) Act 1946
225 Section 4
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
226 After section 4AAB
Insert:
This Act extends to Norfolk Island.
Industrial Chemicals (Notification and Assessment) Act 1989
227 Section 9
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Insurance Acquisitions and Takeovers Act 1991
228 Subsection 18(3)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
International War Crimes Tribunals Act 1995
229 Section 4 (note at the end of the definition of magistrate )
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
230 Section 5
Omit "(other than section 6)".
231 Section 5
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
232 Subsection 82(6)
Repeal the subsection.
233 Section 48
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
234 Subsection 55N(2)
Omit "or of Norfolk Island (as the case requires)".
235 Paragraph 55N(2)(a)
Omit "or Norfolk Island".
236 Paragraph 55N(2)(b)
Omit "or of Norfolk Island".
237 Paragraph 55N(2)(d)
Omit "or of Norfolk Island".
238 Subparagraph 55N(2)(e)(i)
Omit "or Norfolk Island".
239 Subparagraph 55N(2)(e)(ii)
Omit "or of Norfolk Island".
240 Paragraph 55N(2)(f)
Omit "or of Norfolk Island".
241 Paragraph 55N(2)(g)
Omit "or Norfolk Island" (wherever occurring).
242 Subsection 55N(5) (definition of Territory )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
243 Subsection 55ZF(3) (subparagraph (b)(ii) of the definition of Commonwealth legal work )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
244 Section 6 (subparagraph (a)(ii) of the definition of Commonwealth authority )
Omit "or", substitute "and".
245 Section 6 (subparagraph (a)(iii) of the definition of Commonwealth authority )
Repeal the subparagraph.
Marine Navigation Levy Collection Act 1989
246 Section 4
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Marine Navigation (Regulatory Functions) Levy Collection Act 1991
247 Section 4
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
248 Subsection 92(6)
Omit "or Norfolk Island".
249 Subsection 5(1) (definition of adjacent area )
After "Northern Territory,", insert "of Norfolk Island,".
250 Paragraph 5AA(3)(b)
Repeal the paragraph, substitute:
(b) is a non-citizen who:
(i) holds and produces a passport that is in force; and
(ii) is ordinarily resident on Norfolk Island; or
251 Subsection 7(1)
After "means", insert "Norfolk Island,".
252 Paragraph 42(2A)(b)
Repeal the paragraph.
253 Subparagraph 42(2A)(e)(v)
Omit "non-citizen; or", substitute "non-citizen.".
254 Paragraph 42(2A)(f)
Repeal the paragraph.
Mutual Assistance in Criminal Matters Act 1987
255 Subsection 3(1) (paragraph (b) of the definition of Magistrate )
Repeal the paragraph.
256 Subsection 3(1) (paragraph (c) of the definition of Magistrate )
Omit "(other than Norfolk Island)".
257 Subsection 19(4)
Omit ", of each of the States and of Norfolk Island", substitute "and of each of the States".
258 Subsection 21(2)
Omit ", of each of the States and of Norfolk Island", substitute "and of each of the States".
259 Section 39 (heading)
Repeal the heading, substitute:
39 Arrangements with Governors of States
260 Subsections 39(2A) and (2B)
Repeal the subsections.
National Blood Authority Act 2003
261 Section 3
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
262 Section 3 (after paragraph (b) of the definition of covered Territories )
Insert:
(ba) Norfolk Island;
263 Section 6
Omit "except Norfolk Island".
National Environment Protection Council Act 1994
264 Section 4
Omit ", of the Northern Territory, and of Norfolk Island", substitute "and of the Northern Territory".
265 Section 6A
After "extends to", insert "Norfolk Island, to".
266 Subsection 84(1) (paragraph (d) of the definition of Commonwealth officer )
Repeal the paragraph.
267 Subsection 84(1)
Insert:
"Territory " includes an external Territory to which this Act extends.
268 After subsection 84(3A)
Insert:
(3AA) A reference in this Part to the governing body, in relation to a public hospital on Norfolk Island, is a reference to the person or body specified in the regulations.
269 Paragraph 107(2)(a)
After "Australian Capital Territory", insert "and Norfolk Island".
270 Subsection 133(1)
After "internal Territory,", insert "of Norfolk Island,".
271 Subsection 135(2)
After "includes", insert "Norfolk Island,".
National Health Security Act 2007
272 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
273 Subsection 7(1)
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
274 Subparagraphs 19(2)(a)(i) to (iv)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
275 Subparagraphs 23(1)(b)(i) to (iv)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
National Residue Survey Administration Act 1992
276 Section 3
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
National Transmission Network Sale Act 1998
277 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
278 Section 5
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Olympic Insignia Protection Act 1987
279 Section 3
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
280 Subsection 3(1) (at the end of paragraphs (a) and (b) of the definition of enactment )
Add "or".
281 Subsection 3(1) (paragraph (c) of the definition of enactment )
After "Ordinance", insert "of Norfolk Island,".
282 Subsection 3(1) (at the end of paragraph (c) of the definition of enactment )
Add "or".
283 Subsection 3(1) (paragraph (e) of the definition of enactment )
After "in force in", insert "Norfolk Island,".
284 Subsection 3(1) (definition of enactment )
Omit "the Norfolk Island Act 1979 ,".
285 Subsection 3(1) (definition of enactment )
Omit "of Norfolk Island or".
286 Subsection 3(1) (definition of enactment of Norfolk Island )
Repeal the definition.
287 Paragraph 4(2)(c)
Omit "enactment; or", substitute "enactment.
288 Paragraph 4(2)(d)
Repeal the paragraph.
289 Subsection 4(6)
Repeal the subsection.
290 Subparagraph 5(2)(c)(i)
After "Australian Capital Territory,", insert "Norfolk Island,".
291 After subsection 5(6)
Insert:
(6A) The Ombudsman is not authorised to investigate action taken under a law of New South Wales, in its application in Norfolk Island by virtue of the Norfolk Island Act 1979 , by a person employed by New South Wales.
(6B) The reference in subsection (6A) to a person employed by New South Wales includes a reference to:
(a) a person occupying, or acting in, an office or position under a law of New South Wales; and
(b) a person employed by a body established by or under a law of New South Wales.
292 Subparagraph 19C(5)(c)(i)
After "Australian Capital Territory,", insert "Norfolk Island,".
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
293 Subsection 5(1)
Omit ", of an internal Territory that has been established as a body politic and of Norfolk Island", substitute "and of an internal Territory that has been established as a body politic".
294 Subsection 5(2)
Omit ", of an internal Territory or of Norfolk Island", substitute "or of an internal Territory".
295 At the end of Division 1 of Part 1-1
Add:
This Act extends to Norfolk Island.
296 Section 6 (definition of Australia )
After "includes", insert "Norfolk Island,".
297 After paragraph 101(5)(e)
Insert:
(ea) whether the employer has, or is alleged to have, contravened a provision of the Employment Act 1988 (Norfolk Island);
298 Subsection 11(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
299 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
300 Subsections 4(2) and (3)
Omit ", of the Northern Territory or of Norfolk Island", substitute "or of the Northern Territory".
301 Subsection 6(1) (definition of Commonwealth contract )
Omit ", Norfolk Island".
302 Subsection 6(1) (definition on Commonwealth officer )
Omit "or of Norfolk Island".
303 Subsection 6(1) (paragraphs (d) and (f) of the definition of Norfolk Island agency )
Repeal the paragraphs.
304 Subparagraphs 6C(3)(d)(iv) and (f)(iv)
Repeal the subparagraphs.
305 Section 37 (table item 5C)
Repeal the item.
Private Health Insurance Act 2007
306 At the end of Division 1 of Part 1-1
Add:
1-15 Extension to Norfolk Island
This Act extends to Norfolk Island.
307 Subsection 34-25(1)
Omit "and (4)", substitute ", (4) and (4A)".
308 After subsection 34-25(4)
Insert:
Person living on Norfolk Island at the final transition time
(4A) If:
(a) a person was living on Norfolk Island at the final transition time (within the meaning of the Norfolk Island Act 1979 ); and
(b) the person had turned 31 before that time;
the person's lifetime health cover base day is the first day after the end of the 12-month period that began at that time.
(4B) If:
(a) a person is living on Norfolk Island at the final transition time (within the meaning of the Norfolk Island Act 1979 ); and
(b) the person turns 31 at or after that time;
the person's lifetime health cover base day is whichever is the later of the following:
(c) the 1 July after the person turns 31;
(d) the first day after the 12-month period that began at that time.
309 Paragraph 34-30(1)(a)
Repeal the paragraph, substitute:
(a) a person who lived on Norfolk Island before the final transition time (within the meaning of the Norfolk Island Act 1979 ) is taken, while the person was living on Norfolk Island before that time, to have been overseas; and
310 Clause 1 of Schedule 1
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Product Grants and Benefits Administration Act 2000
311 Section 4
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Productivity Commission Act 1998
312 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Product Stewardship (Oil) Act 2000
313 Section 5
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Protection of Movable Cultural Heritage Act 1986
314 Section 4
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
315 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Public Works Committee Act 1969
316 Subsection 6(2)
Repeal the subsection, substitute:
(2) This Act does not extend to a work if:
(a) the work is proposed to be carried out by or for the Northern Territory; and
(b) money of the Northern Territory is proposed to be expended by that Territory in carrying out the work.
317 Subsections 311(1) and (2)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
Remuneration Tribunal Act 1973
318 Paragraph 3(4)(jaa)
Repeal the paragraph.
319 Subsection 12(1)
Omit "and of Norfolk Island".
320 Subsection 12(2)
Omit ", of a State or of Norfolk Island", substitute "or of a State".
Small Superannuation Accounts Act 1995
321 Section 5
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
322 At the end of Part 1.1
Add:
This Act extends to Norfolk Island.
323 After subsection 7(2A)
Insert:
(2AA) Subparagraph (2)(b)(ii) does not apply to a New Zealand citizen who resides on Norfolk Island.
324 After subsection 7(3)
Insert:
(3A) For the purposes of determining, under subsections (2A) to (2D), whether a person is a protected SCV holder, Australia is taken, at all relevant times, to have included Norfolk Island.
325 Subsection 7(4)
Omit all the words after paragraph (e), substitute "residence of a claimant in an external Territory is taken to be residence in Australia".
326 Paragraph 10B(3)(d)
Omit "(except Norfolk Island)".
327 Subsection 14(1) (at the end of paragraph (ab) of the definition of remote area )
Add "and".
328 Subsection 14(1) (after paragraph (ab) of the definition of remote area )
Insert:
(ac) Norfolk Island; and
329 Subsection 23(1) (definition of Australia )
After "includes", insert "Norfolk Island,".
330 Subsection 23(1) (definition of external Territory )
After "include", insert "Norfolk Island,".
331 Subsection 592L(7) (definition of regional or remote location )
Repeal the definition, substitute:
"regional or remote location " means:
(a) a location categorised as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia, under the Remoteness Structure as defined in subsection 1067A(10F); or
(b) Norfolk Island.
332 Paragraph 1067A(10E)(a)
Repeal the paragraph, substitute:
(a) the person's family home is:
(i) in a location categorised under the Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia; or
(ii) on Norfolk Island; and
333 Section 1162
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Social Security (Administration) Act 1999
334 At the end of Part 1
Add:
This Act extends to Norfolk Island.
Social Security (International Agreements) Act 1999
335 At the end of Part 1
Add:
This Act extends to Norfolk Island.
336 Subsection 3(1)
Insert:
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
337 Section 5A
After "extends to", insert "Norfolk Island, to".
Superannuation Contributions Tax (Assessment and Collection) Act 1997
338 Subsection 3(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997
339 Subsection 3(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Superannuation (Self Managed Superannuation Funds) Taxation Act 1987
340 Subsection 3A(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
341 Subsection 3A(2)
Omit ", of the Northern Territory or of Norfolk Island", substitute "or of the Northern Territory".
Superannuation (Unclaimed Money and Lost Members) Act 1999
342 Subsection 4(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
343 Subsection 8(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
344 Subsection 592(1)
Omit ", the Australian Capital Territory or Norfolk Island", substitute "or the Australian Capital Territory".
345 Section 7
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Tobacco Advertising Prohibition Act 1992
346 Subsection 5(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
347 Subsection 15(3)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
Tobacco Plain Packaging Act 2011
348 Subsection 9(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
349 Subsection 3(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Trusts (Hague Convention) Act 1991
350 Section 5
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Veterans' Entitlements Act 1986
351 Subsection 5Q(1) (definition of Australia )
After "IIID,", insert "IIIE, VIB,".
352 Subparagraphs 38(1)(aa)(iii) and (1)(e)(ii)
Omit ", or would be so qualified if, in spite of subsection 7(4) of that Act, residence of a person in Norfolk Island was taken to be residence of the person in Australia".
353 Section 59ZM
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
354 Subsection 128(6)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Weapons of Mass Destruction (Prevention of Proliferation) Act 1995
355 Subsection 8(1)
Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory".
Part 2 -- Transitional provisions
356 Definitions
In this Part:
Administration has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the final transition time.
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official , in relation to an asset other than land, means the person or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
final transition time means the commencement of Part 1 of this Schedule.
Norfolk Island Regional Council has the same meaning as in the Norfolk Island Act 1979 as amended by Part 1 of this Schedule. For this purpose, assume that:
(a) that definition had commenced immediately before the final transition time; and
(b) an Ordinance made for the purposes of that definition before the final transition time in accordance with section 4 of the Acts Interpretation Act 1901 had commenced immediately before the final transition time.
responsible Commonwealth Minister has the same meaning as in the Norfolk Island Act 1979 .
transitional rules means rules made under item 357.
Division 2--Transitional rules
357 Transitional rules
(1) The responsible Commonwealth Minister may, by legislative instrument, make rules ( transitional rules ) prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Part 1 of this Schedule.
(2) To avoid doubt, the transitional rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) amend this Act.
Division 3--Transfer of assets and liabilities
358 Vesting of assets of the Administration
(1) This item applies to an asset of the Administration immediately before the final transition time.
(2) Subject to subitem (3), the following provisions have effect:
(a) at the final transition time, the asset ceases to be an asset of the Administration and becomes an asset of the Norfolk Island Regional Council without any conveyance, transfer or assignment;
(b) the Norfolk Island Regional Council becomes the successor in law in relation to the asset.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to one or more specified assets; and
(b) at the final transition time, the specified assets cease to be assets of the Administration and become assets of the Commonwealth without any conveyance, transfer or assignment; and
(c) the Commonwealth becomes the successor in law in relation to the specified assets.
359 Vesting of liabilities of the Administration
(1) This item applies to a liability of the Administration immediately before the final transition time.
(2) Subject to subitem (3), the following provisions have effect:
(a) at the final transition time, the liability ceases to be a liability of the Administration and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;
(b) the Norfolk Island Regional Council becomes the successor in law in relation to the liability.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to one or more specified liabilities; and
(b) at the final transition time, the specified liabilities cease to be liabilities of the Administration and become liabilities of the Commonwealth without any conveyance, transfer or assignment; and
(c) the Commonwealth becomes the successor in law in relation to the specified liabilities.
360 Transfers of land to the Norfolk Island Regional Council may be registered
(1) This item applies if:
(a) any land vests in the Norfolk Island Regional Council under item 358; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the Norfolk Island Regional Council under this Schedule.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
361 Transfers of land to the Commonwealth may be registered
(1) This item applies if:
(a) any land vests in the Commonwealth under the transitional rules; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the Commonwealth under the transitional rules.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
362 Certificates relating to vesting of assets (other than land) in the Norfolk Island Regional Council
(1) This item applies if:
(a) any asset other than land vests in the Norfolk Island Regional Council under item 358; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Norfolk Island Regional Council under this Schedule.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this Part.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
363 Certificates relating to vesting of assets (other than land) in the Commonwealth
(1) This item applies if:
(a) any asset other than land vests in the Commonwealth under the transitional rules; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Commonwealth under the transitional rules.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this Part.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
Division 4--Transfer of other matters
364 Transitional--acts of the Administration to be attributed to the Norfolk Island Regional Council or the Commonwealth
(1) This item applies to a thing done by, or in relation to, the Administration before the final transition time.
(2) The transitional rules may provide that, after the final transition time, a specified thing has effect as if it had been done by, or in relation to, the Norfolk Island Regional Council.
(3) The transitional rules may provide that, after the final transition time, a specified thing has effect as if it had been done by, or in relation to, the Commonwealth.
365 Substitution of the Norfolk Island Regional Council or the Commonwealth as a party to certain pending proceedings
(1) This item applies if any proceedings to which the Administration was a party were pending in any court or tribunal immediately before the final transition time.
(2) The transitional rules may provide that the Norfolk Island Regional Council is substituted for the Administration, from the final transition time, as a party to specified proceedings.
(3) The transitional rules may provide that the Commonwealth is substituted for the Administration, from the final transition time, as a party to specified proceedings.
366 Transitional--transfer of records to the Norfolk Island Regional Council or the Commonwealth
(1) This item applies to any records or documents that were in possession of the Administration or the Norfolk Island Advisory Council immediately before the final transition time.
(2) Subject to subitem (3), the records and documents are to be transferred to the Norfolk Island Regional Council after the final transition time.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to specified records and documents; and
(b) the specified records and documents are to be transferred to the Commonwealth after the final transition time.
(4) If:
(a) as a result of subitem (2) or (3), an APP entity holds personal information about an individual that was collected for a particular purpose; and
(b) the individual would reasonably expect the agency or organisation that collected the information to use or disclose the information for a particular purpose;
Australian Privacy Principle 6 has effect as if the individual would reasonably expect the APP entity to use or disclose the information for the purpose mentioned in paragraph (b).
(5) In this item:
agency has the same meaning as in the Privacy Act 1988 .
APP entity has the same meaning as in the Privacy Act 1988 .
organisation has the same meaning as in the Privacy Act 1988 .
personal information has the same meaning as in the Privacy Act 1988 .
367 References in certain instruments to the Administration
(1) If:
(a) an instrument was in force immediately before the final transition time; and
(b) a reference is made in the instrument to the Administration; and
(c) the instrument is an instrument covered by one or more of the following subparagraphs:
(i) an instrument that was made by the Administration;
(ii) an instrument to which the Administration was a party;
(iii) an instrument that was given to, or in favour of, the Administration;
(iv) an instrument under which any right or liability accrues or may accrue to the Administration;
(v) any other instrument in which a reference is made to the Administration;
the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Norfolk Island Regional Council.
(2) If:
(a) an instrument was in force immediately before the final transition time; and
(b) a reference is made in the instrument to the Administration; and
(c) the instrument is an instrument covered by one or more of the following subparagraphs:
(i) an instrument that was made by the Administration;
(ii) an instrument to which the Administration was a party;
(iii) an instrument that was given to, or in favour of, the Administration;
(iv) an instrument under which any right or liability accrues or may accrue to the Administration;
(v) any other instrument in which a reference is made to the Administration;
the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Commonwealth.
(3) In this item:
exempt instrument means:
(a) an Act; or
(b) an instrument made under this Act; or
(c) an enactment (within the meaning of the Norfolk Island Act 1979 ).
instrument :
(a) includes:
(i) a contract, deed, undertaking or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or under regulations; but
(b) does not include an exempt instrument.
368 Transfer of employees
(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Administration immediately before the final transition time.
(2) At the final transition time, the transferring employee:
(a) ceases to be an employee of the Administration; and
(b) becomes an employee of the Norfolk Island Regional Council.
(3) A transferring employee who becomes an employee of the Norfolk Island Regional Council under subitem (2) is taken to have been engaged by the Norfolk Island Regional Council on the same terms and conditions as those that applied to the transferring employee, immediately before the final transition time, as an employee of the Administration.
(4) This item does not prevent the terms and conditions of a transferring employee's employment after the final transition time from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Administration as a result of this item.
(6) In this item:
vary , in relation to terms and conditions, includes:
(a) omit any of those terms and conditions; or
(b) add to those terms and conditions; or
(c) substitute new terms or conditions for any of those terms and conditions.
369 Accrued entitlements
(1) This item applies to a person if:
(a) the person was employed by the Administration immediately before the final transition time; and
(b) at the final transition time, the person becomes an employee of the Norfolk Island Regional Council or the Commonwealth.
(2) The person is taken to have accrued an entitlement to benefits, in connection with the person's employment with the Norfolk Island Regional Council or the Commonwealth, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Administration immediately before the final transition time.
(3) The service of the person as an employee of the Administration is taken, for all purposes, to have been continuous with his or her service as an employee of the Norfolk Island Regional Council or the Commonwealth, as the case may be.
370 Visas
(1) The transitional rules may provide that if, immediately before the final transition time, a person held a specified type of permit granted under the Immigration Act 1980 (Norfolk Island), the person is taken to have been granted a specified type of visa under the Migration Act 1958 immediately after the final transition time.
(2) The transitional rules may provide that if, immediately before the final transition time, a person was in specified circumstances, the person is taken to have been granted a specified type of visa under the Migration Act 1958 immediately after the final transition time.
371 Definitions
In this Division:
social security payment has the same meaning as in the Social Security Act 1991 .
372 Eligibility for social security payment and concession card
The amendments of the Social Security Act 1991 made by Part 1 of this Schedule, so far as they relate to:
(a) qualification for, and payability of, a social security payment in respect of a period; or
(b) qualification for a concession card in respect of a period;
apply in relation to a period that began at or after the final transition time.
373 Australian residence
(1) This item applies in relation to:
(a) qualification for, and payability of, a social security payment in respect of a period; or
(b) qualification for a concession card in respect of a period;
if the period began at or after the final transition time.
(2) For the purposes of the following provisions of the Social Security Act 1991 :
(a) subsection 7(2) (Australian resident);
(b) subsection 7(5) (qualifying Australian residence);
(c) Part 2.2 (age pension);
(d) Part 2.3 (disability support pension);
(e) Part 2.7 (bereavement allowance);
(f) Part 2.8 (widow B pension);
(g) Part 2.10 (parenting payment);
(h) Part 2.11 (youth allowance);
(i) Part 2.12 (newstart allowance);
residence of a claimant on Norfolk Island before the final transition time is taken to have been residence in Australia.
374 Death of child before final transition time
(1) This item applies to the following provisions of the Social Security Act 1991 (as amended by Part 1 of this Schedule):
(a) section 512;
(b) section 567G;
(c) section 660M;
(d) section 992J;
(e) section 992L;
(f) point 1064-H7;
(g) point 1065-E6;
(h) point 1066-H6;
(i) point 1066A-I6;
(j) point 1066B-F6;
(k) point 1067G-K9;
(l) point 1067L-F9;
(m) point 1068-J9;
(n) point 1068B-G6.
(2) The provisions do not apply in relation to the death of a child if:
(a) immediately before his or her death, the child was ordinarily resident on Norfolk Island; and
(b) the death occurred before the final transition time.
375 Newly arrived resident's waiting period
For the purposes of the Social Security Act 1991 , a newly arrived resident's waiting period is to be determined as if:
(a) residence on Norfolk Island at any time before the final transition time were residence in Australia; and
(b) physical presence on Norfolk Island at any time before the final transition time were physical presence in Australia.
376 Early claims
If:
(a) a claim for a social security payment or concession card was made during the 8-week period ending at the final transition time; and
(b) when the claim was made, the claimant was ordinarily resident on Norfolk Island; and
(c) assuming that the claim had been made immediately after the final transition time, it would have been in accordance with Division 1 of Part 3 of the Social Security (Administration) Act 1999 ;
the claim is taken to have been made immediately after the final transition time.
377 Definitions
In this Division:
family tax benefit has the same meaning as in the A New Tax System (Family Assistance) Act 1999 .
378 Eligibility for family tax benefit and single income family supplement in respect of periods before final transition time
The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for family tax benefit or single income family supplement in respect of a period, apply in relation to a period that began at or after the final transition time.
379 Eligibility for stillborn baby payment
The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for a stillborn baby payment in respect of a child, apply in relation to a child if the child's delivery occurred at or after the final transition time.
380 Absences of FTB child etc. from Australia before final transition time
(1) If, immediately after the final transition time:
(a) an individual was ordinarily resident on Norfolk Island; and
(b) the individual was absent from Australia;
sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule) have effect as if that absence had begun immediately after the final transition time.
(2) If, immediately after the final transition time:
(a) an individual was ordinarily resident on Norfolk Island; and
(b) the individual was in Australia;
then, for the purposes of sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule), disregard any absence of the individual from Australia before the final transition time.
(3) In this item:
Australia has the same meaning as in the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule).
381 Early claims
If:
(a) a claim for family tax benefit was made during the 4-week period ending at the final transition time; and
(b) when the claim was made, the claimant was ordinarily resident on Norfolk Island; and
(c) assuming that the claim had been made immediately after the final transition time, it would have been in accordance with Subdivision A of Division 1 of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999 ;
the claim is taken to have been made immediately after the final transition time.
382 Early claims
(1) If:
(a) an application for administrative assessment of child support in respect of a child was made during the 8-week period ending at the final transition time; and
(b) when the application was made:
(i) the applicant was ordinarily resident on Norfolk Island; or
(ii) the child was ordinarily resident on Norfolk Island; or
(iii) a parent of the child was ordinarily resident on Norfolk Island; and
(c) assuming that the application had been made immediately after the final transition time, it would have been in accordance with Division 1 of Part 4 of the Child Support (Assessment) Act 1989 ;
the application is taken to have been made immediately after the final transition time.
(2) In this item:
administrative assessment has the same meaning as in the Child Support (Assessment) Act 1989 .
child support has the same meaning as in the Child Support (Assessment) Act 1989 .
Division 10--Paid parental leave
383 Payability determinations under the Paid Parental Leave Act 2010
(1) The Secretary (within the meaning of the Paid Parental Leave Act 2010 ) must not make a payability determination under that Act that parental leave pay is payable to a person for a child if:
(a) the child was born before the final transition time; and
(b) the person was ordinarily resident on Norfolk Island at the time of the birth.
(2) The Secretary (within the meaning of the Paid Parental Leave Act 2010 ) must not make a payability determination under that Act that dad and partner pay is payable to a person for a child if:
(a) the child was born before the final transition time; and
(b) the person was ordinarily resident on Norfolk Island at the time of the birth.
Division 11--Adjusted taxable income etc.
384 Definitions
In this Division:
designated official means:
(a) in relation to working out a person's adjusted taxable income under the Child Support (Assessment) Act 1989 --the Child Support Registrar (within the meaning of that Act); or
(b) in relation to working out a person's adjusted taxable income under the Social Security Act 1991 --the Secretary (within the meaning of that Act); or
(c) in relation to working out a person's taxable income under the Social Security Act 1991 --the Secretary (within the meaning of that Act); or
(d) in relation to working out a person's adjusted taxable income under the Paid Parental Leave Act 2010 --the Secretary (within the meaning of that Act).
385 Inclusion of tax-exempt Norfolk Island income in working out a person's adjusted taxable income etc.
(1) This item applies for the purposes of working out:
(a) a person's adjusted taxable income for a period under a provision of any of the following Acts:
(i) the Child Support (Assessment) Act 1989 ;
(ii) the Social Security Act 1991 ;
(iii) the Paid Parental Leave Act 2010 ; or
(b) a person's taxable income for a period under a provision of the Social Security Act 1991 .
(2) A reference in the provision to the person's taxable income for the period includes a reference to the person's tax-exempt Norfolk Island income for the period as determined under this Division.
386 Determination of tax-exempt Norfolk Island income if information and documents in designated official's possession are sufficient
Scope
(1) This item applies if the designated official possesses sufficient information and documents to determine the person's tax-exempt Norfolk Island income for the period.
Determination
(2) The designated official may determine, from the information and documents in the designated official's possession, an amount to be the person's tax-exempt Norfolk Island income for the period.
(3) In determining the person's tax-exempt Norfolk Island income for the period, the designated official must have regard only to income that was exempt from income tax under repealed Division 1A of Part III of the Income Tax Assessment Act 1936 .
387 Determination of tax-exempt Norfolk Island income if information and documents in designated official's possession are insufficient
Scope
(1) This item applies if the designated official does not possess sufficient information and documents to determine the person's tax-exempt Norfolk Island income for the period.
Determination
(2) The designated official may determine that the person's tax-exempt Norfolk Island income for the period is an amount that the designated official considers appropriate.
(3) However, if the determination is for the purposes of the Child Support (Assessment) Act 1989 , the amount must be at least two-thirds of the annualised MTAWE figure for the relevant June quarter.
(4) In this item:
annualised MTAWE figure , for a relevant June quarter, means the figure that is 52 times the amount set out for the reference period in the quarter under the headings "Average Weekly Earnings--Trend--Males--All Employees Total Earnings" in a document published by the Australian Statistician entitled "Average Weekly Earnings, Australia".
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
relevant June quarter , for a period, means the quarter ending on 30 June of the last calendar year ending before the period begins.
388 Obtaining information
(1) Division 1 of Part 5 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991 , were a part of the social security law.
(2) Section 161 of the Child Support (Assessment) Act 1989 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.
(3) Division 2 of Part 4-1 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.
389 Delegation
(1) Section 234 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991 , were a part of the social security law.
(2) Section 149 of the Child Support (Assessment) Act 1989 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.
(3) Section 303 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.
390 Review of decisions
(1) Part 4 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991 , were a part of the social security law.
(2) Section 80 of the Child Support (Registration and Collection) Act 1988 applies to a determination under this Division for the purposes of a provision of the Child Support (Assessment) Act 1989 as if the table in subsection 80(1) of that Act included a table item allowing:
(a) the carer entitled to child support (within the meaning of that Act); or
(b) the liable parent (within the meaning of that Act);
to lodge an objection to the determination.
(3) Chapter 5 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.
391 Arrangements with the Australian Capital Territory
(1) This item applies to an arrangement between the Governor-General and the Chief Minister of the Australian Capital Territory if the arrangement:
(a) was made under subsection 46(1) of the Extradition Act 1988 (as modified by the A.C.T. Self-Government (Consequential Provisions) Regulations); and
(b) was in force immediately before the final transition time.
(2) The arrangement has effect, after the final transition time, as if it had been made under subsection 46(1) of the Extradition Act 1988 as amended by this Act.
392 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) For the purposes of this item, an exempt matter is:
(a) the vesting of an asset or liability under this Part; or
(b) the operation of this Part in any other respect; or
(c) the vesting of an asset or liability under the transitional rules; or
(d) the operation of the transitional rules in any other respect.
(3) The responsible Commonwealth Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt matter.
(4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.
393 Constitutional safety net
(1) If the operation of the transitional rules or this Part 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.
394 Constitutional limits
This Part has no effect to the extent (if any) to which it imposes taxation.
395 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
396 Power to make Ordinances
This Part does not, by implication, limit the matters that may be dealt with by Ordinances under section 19A of the Norfolk Island Act 1979 .