Commonwealth Numbered Regulations - Explanatory Statements

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NORFOLK ISLAND REGULATIONS 2021 (F2021L01817)

EXPLANATORY STATEMENT

Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Norfolk Island Act 1979

Norfolk Island Regulations 2021

Authority

The Norfolk Island Act 1979 (the Act) provides for the governance of the Territory of Norfolk Island (Norfolk Island). Subsection 5(2)(a) of the Norfolk Island Act provides for regulations to be made for the purpose of prescribing a State or Territory (other than Norfolk Island) to be an applied law jurisdiction.

The Norfolk Island Regulations 2021 (the Regulations) are made under paragraph 5(2)(a) of the Act.

Purpose and operation

The Regulations prescribe the State of Queensland as an applied law jurisdiction. Under subsection 18A(1) of the Act, the laws of an applied law jurisdiction are in force in Norfolk Island. The purpose of prescribing Queensland as an applied law jurisdiction is to enable the laws of Queensland to operate in Norfolk Island to support the delivery of state-type services (such as health and education) by the Queensland Government.

When the Regulations commence on 1 January 2022 the laws of the State of Queensland will be in force in Norfolk Island unless their operation is suspended by a section 19A Ordinance under subsection 18A(3) of the Act. The operation of the majority of applied Queensland laws will be suspended by a section 19A Ordinance commencing at the same time as the Regulations. Those laws to be in force to support service delivery by Queensland will be specified in the Ordinance or by additional legislative instrument.

Consultation

The Queensland Government was consulted about the Regulations.

Other

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Regulations commence 1 January 2022.

Details of the Regulations are set out in the Attachment.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Norfolk Island Regulations 2021

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

Purpose and operation

The Regulations prescribe the State of Queensland as an applied law jurisdiction. Under subsection 18A(1) of the Norfolk Island Act 1979 (the Act), the laws of an applied law jurisdiction are in force in Norfolk Island. The purpose of prescribing Queensland as an applied law jurisdiction is to enable the laws of Queensland to operate in Norfolk Island to support the delivery of state-type services (such as health and education) by the Queensland Government.

When the Regulations commence on 1 January 2022 the laws of the State of Queensland will be in force in Norfolk Island unless their operation is suspended by a section 19A Ordinance under subsection 18A(3) of the Act. The operation of the majority of applied Queensland laws will be suspended by a section 19A Ordinance commencing at the same time as the Regulations. Those laws to be in force to support service delivery by Queensland will be specified in the Ordinance or by additional legislative instrument.

Human rights implications

The Regulations do not engage any of the applicable rights or freedoms.

Conclusion

The Regulations are compatible with human rights as they do not raise any human rights issues.

Assistant Minister for Regional Development and Territories,

Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

The Hon Nola Marino MP

ATTACHMENT--NOTES ON CLAUSES

This attachment explains the operation of individual provisions in the Norfolk Island Regulations 2021.

Part 1--Preliminary

Section 1 - Name

Section 1 provides that the name of the Regulations is the Norfolk Island Regulations 2021 (the Regulations).

Section 2 - Commencement

This section provides for the Regulations to commence on 1 January 2022.

Section 3 - Authority

Section 3 provides that the Regulations are made under the Norfolk Island Act 1979.

Section 4 - Definitions

This section provides that in this instrument Act means the Norfolk Island Act 1979 (the Act).

Part 2--Applied law jurisdiction

Section 5 - Applied law jurisdiction

Section 5 provides that for the purposes of paragraph 5(2)(a) of the Act, Queensland is an applied law jurisdiction. Under subsection 18A(1) of the Act, the laws of an applied law jurisdiction are in force in Norfolk Island.