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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Territories Legislation Amendment Bill
2016
No. , 2016
(Infrastructure and Regional Development)
A Bill for an Act to amend the law relating to
Territories, and for related purposes
No. , 2016
Territories Legislation Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--New Zealand citizens residing on Norfolk Island
3
Norfolk Island Legislation Amendment Act 2015
3
Schedule 2--Claims for assistance made by Norfolk Island
residents before 1 July 2016
4
Norfolk Island Legislation Amendment Act 2015
4
Schedule 3--Child support for Indian Ocean Territory
residents
6
Part 1--Amendments
6
Child Support (Assessment) Act 1989
6
Child Support (Registration and Collection) Act 1988
6
Part 2--Transitional provisions
7
Schedule 4--Norfolk Island electoral arrangements
9
Part 1--Amendments
9
Commonwealth Electoral Act 1918
9
Referendum (Machinery Provisions) Act 1984
17
Part 2--Transitional provisions
18
Schedule 5--Application of Acts to Norfolk Island
24
Part 1--General amendments
24
Division 1--Amendments
24
Acts Interpretation Act 1901
24
Norfolk Island Act 1979
24
Division 2--Transitional provisions
24
Part 2--Specific amendments
27
Agricultural and Veterinary Chemicals Act 1994
27
Australian Capital Territory (Self-Government) Act 1988
27
Australian National Preventive Health Agency Act 2010
27
ii
Territories Legislation Amendment Bill 2016
No. , 2016
Australian Postal Corporation Act 1989
27
Australian Securities and Investments Commission Act 2001
28
Bankruptcy Act 1966
28
Bankruptcy (Estate Charges) Act 1997
28
Broadcasting Services Act 1992
29
Broadcasting Services (Transitional Provisions and Consequential
Amendments) Act 1992
29
Business Names Registration Act 2011
29
Competition and Consumer Act 2010
30
Copyright Act 1968
30
Cross-Border Insolvency Act 2008
30
Customs Licensing Charges Act 1997
31
Customs Securities (Penalties) Act 1981
31
Customs Tariff Act 1995
31
Customs Tariff (Anti-Dumping) Act 1975
31
Customs Undertakings (Penalties) Act 1981
32
Do Not Call Register Act 2006
32
Education Services for Overseas Students Act 2000
32
Equal Employment Opportunity (Commonwealth Authorities) Act
1987
33
Excise Act 1901
33
Export Control Act 1982
33
Fair Entitlements Guarantee Act 2012
34
Fair Work Act 2009
34
Federal Proceedings (Costs) Act 1981
36
Gene Technology Act 2000
36
Health Insurance Commission (Reform and Separation of Functions)
Act 1997
36
Hearing Services and AGHS Reform Act 1997
36
Imported Food Charges (Collection) Act 2015
37
Imported Food Charges (Imposition--Customs) Act 2015
37
Imported Food Charges (Imposition--Excise) Act 2015
37
Imported Food Charges (Imposition--General) Act 2015
37
No. , 2016
Territories Legislation Amendment Bill 2016
iii
Imported Food Control Act 1992
37
Import Processing Charges Act 2001
37
Independent Contractors Act 2006
38
Industry Research and Development Act 1986
38
Insurance Contracts Act 1984
39
Motor Vehicle Standards Act 1989
39
National Land Transport Act 2014
39
Passenger Movement Charge Collection Act 1978
40
Plant Breeder's Rights Act 1994
40
Protection of Movable Cultural Heritage Act 1986
40
Public Order (Protection of Persons and Property) Act 1971
41
Road Safety Remuneration Act 2012
41
Telecommunications Act 1997
42
Telecommunications (Carrier Licence Charges) Act 1997
42
Telecommunications (Industry Levy) Act 2012
42
Telecommunications (Interception and Access) Act 1979
43
Telecommunications (Numbering Charges) Act 1997
43
Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1991
43
Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1997
44
Tradex Duty Imposition (Customs) Act 1999
44
Tradex Duty Imposition (Excise) Act 1999
44
Tradex Duty Imposition (General) Act 1999
44
Water Efficiency Labelling and Standards Act 2005
45
Workplace Gender Equality Act 2012
45
Schedule 6--Nature of Norfolk Island Regional Council
46
Norfolk Island Legislation Amendment Act 2015
46
No. , 2016
Territories Legislation Amendment Bill 2016
1
A Bill for an Act to amend the law relating to
1
Territories, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Territories Legislation Amendment
5
Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Territories Legislation Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3,
Part 1
Immediately after the commencement of
Part 1 of Schedule 2 to the Norfolk Island
Legislation Amendment Act 2015.
1 July 2016
4. Schedule 3,
Part 2
The day after this Act receives the Royal
Assent.
5. Schedule 4,
Part 1
At the same time as Part 1 of Schedule 2 to
the Norfolk Island Legislation Amendment
Act 2015 commences.
1 July 2016
6. Schedule 4,
Part 2
The day after this Act receives the Royal
Assent.
7. Schedule 5
1 July 2016.
1 July 2016
8. Schedule 6
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
New Zealand citizens residing on Norfolk Island Schedule 1
No. , 2016
Territories Legislation Amendment Bill 2016
3
Schedule 1--New Zealand citizens residing on
1
Norfolk Island
2
3
Norfolk Island Legislation Amendment Act 2015
4
1 Item 323 of Schedule 2
5
Repeal the item.
6
Schedule 2 Claims for assistance made by Norfolk Island residents before 1 July 2016
4
Territories Legislation Amendment Bill 2016
No. , 2016
Schedule 2--Claims for assistance made by
1
Norfolk Island residents before 1 July
2
2016
3
4
Norfolk Island Legislation Amendment Act 2015
5
1 Paragraph 381(a) of Schedule 2
6
Omit "4-week", substitute "8-week".
7
2 After subitem 382(1) of Schedule 2
8
Insert:
9
(1A)
If:
10
(a) an application for acceptance by the Registrar of an
11
agreement made in relation to a child was made during the
12
8-week period ending at the final transition time; and
13
(b) when the application was made:
14
(i) the applicant was ordinarily resident on Norfolk Island;
15
or
16
(ii) the child was ordinarily resident on Norfolk Island; or
17
(iii) a parent of the child was ordinarily resident on Norfolk
18
Island; and
19
(c) assuming that the agreement had been entered into and made
20
at the time (the deemed agreement time) immediately after
21
the final transition time, the agreement would have been a
22
child support agreement at the deemed agreement time; and
23
(d) assuming that the application had been made immediately
24
after the deemed agreement time, it would have been in
25
accordance with Division 3 of Part 6 of the Child Support
26
(Assessment) Act 1989;
27
the agreement is taken to have been entered into and made at the
28
deemed agreement time, and the application is taken to have been made
29
immediately after the deemed agreement time.
30
(1B)
Subsection 92(3) of the Child Support (Assessment) Act 1989 does not
31
apply in relation to an agreement and an application taken under
32
subitem (1A) to have been made in relation to a child if an application
33
for administrative assessment of child support in respect of the child is
34
Claims for assistance made by Norfolk Island residents before 1 July 2016 Schedule 2
No. , 2016
Territories Legislation Amendment Bill 2016
5
taken under subitem (1) to have been made immediately after the final
1
transition time.
2
(1C)
Subitems (1), (1A) and (1B) do not apply in relation to:
3
(a) an application that was properly made under the Child
4
Support (Assessment) Act 1989 before the final transition
5
time; or
6
(b) an agreement that was a child support agreement before the
7
final transition time.
8
3 Subitem 382(2) of Schedule 2
9
Insert:
10
child support agreement has the same meaning as in the Child Support
11
(Assessment) Act 1989.
12
Registrar has the same meaning as in the Child Support (Assessment)
13
Act 1989.
14
Schedule 3 Child support for Indian Ocean Territory residents
Part 1 Amendments
6
Territories Legislation Amendment Bill 2016
No. , 2016
Schedule 3--Child support for Indian Ocean
1
Territory residents
2
Part 1--Amendments
3
Child Support (Assessment) Act 1989
4
1 Section 10
5
Omit "(other than a person who is a resident of Australia solely because
6
the definition of Australia in that Act includes an external Territory
7
other than Norfolk Island)".
8
Child Support (Registration and Collection) Act 1988
9
2 Subsection 4(1) (paragraph (a) of the definition of resident
10
of Australia)
11
Omit "(other than a person who is a resident of Australia solely because
12
the definition of Australia in that Act includes an external Territory
13
other than Norfolk Island)".
14
Child support for Indian Ocean Territory residents Schedule 3
Transitional provisions Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
7
Part 2--Transitional provisions
1
3 Early claims
2
(1)
If:
3
(a) an application for administrative assessment of child support
4
in respect of a child is made during the 8-week period ending
5
at the start of 1 July 2016; and
6
(b) when the application is made:
7
(i) the applicant is ordinarily resident in the Territory of
8
Christmas Island or the Territory of Cocos (Keeling)
9
Islands; or
10
(ii) the child is ordinarily resident in the Territory of
11
Christmas Island or the Territory of Cocos (Keeling)
12
Islands; or
13
(iii) a parent of the child is ordinarily resident in the
14
Territory of Christmas Island or the Territory of Cocos
15
(Keeling) Islands; and
16
(c) assuming that the application had been made immediately
17
after the commencement of Part 1 of this Schedule, it would
18
have been in accordance with Division 1 of Part 4 of the
19
Child Support (Assessment) Act 1989;
20
the application is taken to be made immediately after that
21
commencement.
22
(2)
If:
23
(a) an application for acceptance by the Registrar of an
24
agreement made in relation to a child is made during the
25
8-week period ending at the start of 1 July 2016; and
26
(b) when the application is made:
27
(i) the applicant is ordinarily resident in the Territory of
28
Christmas Island or the Territory of Cocos (Keeling)
29
Islands; or
30
(ii) the child is ordinarily resident in the Territory of
31
Christmas Island or the Territory of Cocos (Keeling)
32
Islands; or
33
(iii) a parent of the child is ordinarily resident in the
34
Territory of Christmas Island or the Territory of Cocos
35
(Keeling) Islands; and
36
Schedule 3 Child support for Indian Ocean Territory residents
Part 2 Transitional provisions
8
Territories Legislation Amendment Bill 2016
No. , 2016
(c) assuming that the agreement had been entered into and made
1
at the time (the deemed agreement time) immediately after
2
the commencement of Part 1 of this Schedule, the agreement
3
would have been a child support agreement at the deemed
4
agreement time; and
5
(d) assuming that the application had been made immediately
6
after the deemed agreement time, it would have been in
7
accordance with Division 3 of Part 6 of the Child Support
8
(Assessment) Act 1989;
9
the agreement is taken to be entered into and made at the deemed
10
agreement time, and the application is taken to be made immediately
11
after the deemed agreement time.
12
(3)
Subsection 92(3) of the Child Support (Assessment) Act 1989 does not
13
apply in relation to an agreement and an application taken under
14
subitem (2) to have been made in relation to a child if an application for
15
administrative assessment of child support in respect of the child is
16
taken under subitem (1) to have been made immediately after the
17
commencement of Part 1 of this Schedule.
18
(4)
Subitems (1), (2) and (3) do not apply in relation to:
19
(a) an application that is properly made under the Child Support
20
(Assessment) Act 1989 before 1 July 2016; or
21
(b) an agreement that is a child support agreement before 1 July
22
2016.
23
(5)
In this item:
24
administrative assessment has the same meaning as in the Child
25
Support (Assessment) Act 1989.
26
child support has the same meaning as in the Child Support
27
(Assessment) Act 1989.
28
child support agreement has the same meaning as in the Child Support
29
(Assessment) Act 1989.
30
Registrar has the same meaning as in the Child Support (Assessment)
31
Act 1989.
32
Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
9
Schedule 4--Norfolk Island electoral
1
arrangements
2
Part 1--Amendments
3
Commonwealth Electoral Act 1918
4
1 Subsection 4(1) (definition of Australian Capital Territory)
5
After "includes", insert "Norfolk Island and".
6
2 Subsection 4(1) (definition of Controller-General of Prisons)
7
Repeal the definition, substitute:
8
Controller-General of Prisons:
9
(a) of a State, the Australian Capital Territory (not including a
10
non-self-governing Territory) or the Northern Territory (not
11
including a non-self-governing Territory)--means the
12
principal officer (however described) having control of the
13
prisons and gaols of the State or Territory; and
14
(b) of a non-self-governing Territory--means the principal
15
officer (however described) having control of the prisons and
16
gaols of the non-self-governing Territory.
17
3 Subsection 4(1)
18
Insert:
19
non-self-governing Territory means Norfolk Island, the Jervis Bay
20
Territory, the Territory of Christmas Island or the Territory of
21
Cocos (Keeling) Islands.
22
4 Subsection 4(1) (definition of Registrar-General)
23
Repeal the definition, substitute:
24
Registrar-General:
25
(a) of a State, the Australian Capital Territory (not including a
26
non-self-governing Territory) or the Northern Territory (not
27
including a non-self-governing Territory)--means the
28
principal officer (however described) who is charged with the
29
Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
10
Territories Legislation Amendment Bill 2016
No. , 2016
duty of registering births, deaths and marriages occurring in
1
the State or Territory; and
2
(b) of a non-self-governing Territory--means the principal
3
officer (however described) who is charged with the duty of
4
registering births, deaths and marriages occurring in the
5
non-self-governing Territory.
6
5 Section 4B
7
Omit ", of the Northern Territory and of Norfolk Island", substitute
8
"and of the Northern Territory".
9
6 Section 38A
10
Insert:
11
Australian Capital Territory includes the Jervis Bay Territory but
12
does not include Norfolk Island.
13
7 Section 38A (definition of Territory)
14
Omit "other than Norfolk Island".
15
8 After subsection 40(6)
16
Insert:
17
(6A) Until Norfolk Island becomes entitled to separate representation in
18
the Senate under subsection (5), this section has effect as if Norfolk
19
Island were a part of the Australian Capital Territory.
20
9 Subsection 45(1)
21
Omit "(1)".
22
10 Subsection 45(2)
23
Repeal the subsection.
24
11 After paragraph 46(1)(d)
25
Insert:
26
(da) Norfolk Island;
27
12 After paragraph 46(1B)(c)
28
Insert:
29
Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
11
(ca) the population of Norfolk Island;
1
13 Subsection 46(2)
2
Repeal the subsection.
3
14 Paragraph 48(1)(b)
4
After "(2B),", insert "(2BA),".
5
15 Subsection 48(2A)
6
After "(2B),", insert "(2BA),".
7
16 After subsection 48(2B)
8
Insert:
9
(2BA) Subject to subsection (2F), if the Electoral Commissioner
10
determines that, at a general election, no member of the House of
11
Representatives is to be chosen in Norfolk Island, the following
12
provisions have effect:
13
(a) the ascertainments under section 46, and the determinations
14
under this section, in respect of Norfolk Island, and in respect
15
of the Australian Capital Territory, are taken never to have
16
been made;
17
(b) Norfolk Island is taken to be part of the Australian Capital
18
Territory;
19
(c) subject to subsection (2G), the Electoral Commissioner must,
20
as soon as possible:
21
(i) ascertain, under section 46, the number of the people of
22
the Australian Capital Territory; and
23
(ii) determine, under this section, the number of members of
24
the House of Representatives to be chosen in the
25
Australian Capital Territory at a general election.
26
(2BB) To avoid doubt, subsection 46(1A) does not apply to the
27
ascertainment of the number of the people of the Australian Capital
28
Territory under subparagraph (2BA)(c)(i) of this section.
29
Note:
Subsection 46(1A) might otherwise require the fresh ascertainment of
30
the number of the people of the Australian Capital Territory under
31
subparagraph (2BA)(c)(i) of this section to be made immediately after
32
the end of the 12 month period referred to in subsection 46(1).
33
Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
12
Territories Legislation Amendment Bill 2016
No. , 2016
17 After subparagraph 48(2F)(a)(i)
1
Insert:
2
(ia) subparagraph (2BA)(c)(ii); or
3
18 Subsection 48(2F) (note)
4
Repeal the note, substitute:
5
Note:
In certain circumstances, the number of the people of the Australian
6
Capital Territory or the Northern Territory will have been
7
re-ascertained in accordance with section 46 because of the operation
8
of subsection (2BA) or (2C).
9
19 Subsection 48(2G)
10
After "paragraphs", insert "(2BA)(c),".
11
20 After sub-subparagraph 49(1)(a)(i)(D)
12
Insert:
13
(DA) Norfolk Island;
14
21 Subsection 49(1) (note)
15
Omit "to the subsection 4(1) definition of the Australian Capital
16
Territory, to subsection 45(2), to subsection 46(2) or to
17
subsection 48(2C)", substitute "to subsection 48(2BA), (2C)".
18
22 Section 51
19
Omit "Subject to subsection 95AA(3), a", substitute "A".
20
23 After section 56
21
Insert:
22
56AA Inclusion of Territories in Australian Capital Territory
23
Divisions
24
(1) Any distribution or redistribution of the Australian Capital
25
Territory into Electoral Divisions under this Act must be such that
26
the whole of the Jervis Bay Territory is included in one Electoral
27
Division.
28
(2) Until the Electoral Commissioner, under subsection 48(2A),
29
determines that a member of the House of Representatives be
30
chosen in Norfolk Island at a general election, any distribution or
31
Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
13
redistribution of the Australian Capital Territory into Electoral
1
Divisions under this Act must be such that:
2
(a) the whole of Norfolk Island is included in one Electoral
3
Division; and
4
(b) if there is more than one Electoral Division--Norfolk Island
5
and the Jervis Bay Territory are included in different
6
Electoral Divisions.
7
24 Section 56A (heading)
8
Repeal the heading, substitute:
9
56A Inclusion of Territories in Northern Territory Divisions
10
25 Subsection 66(4)
11
Repeal the subsection.
12
26 At the end of section 66
13
Add:
14
Note:
See also sections 56AA and 56A in relation to redistributions of the
15
Australian Capital Territory and the Northern Territory.
16
27 At the end of subsection 73(1)
17
Add:
18
Note:
See also sections 56AA and 56A in relation to redistributions of the
19
Australian Capital Territory and the Northern Territory.
20
28 Subsection 73(5)
21
Repeal the subsection.
22
29 Subsections 94(16) and 95(17)
23
Repeal the subsections.
24
30 Sections 95AA, 95AB and 95AC
25
Repeal the sections.
26
31 Subsection 96(13) (definition of Australia)
27
Repeal the definition.
28
Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
14
Territories Legislation Amendment Bill 2016
No. , 2016
32 Paragraph 98AA(2)(a)
1
After "Territory", insert ", or a law in force in Norfolk Island".
2
33 Subsection 99(3)
3
Omit "95AA,".
4
34 Subsection 101(1)
5
Omit "Subject to subsection (5A), every", substitute "Every".
6
35 Subsection 101(1A)
7
Repeal the subsection.
8
36 Subsection 101(4)
9
Omit "Subject to subsection (5A), every", substitute "Every".
10
37 Subsection 101(5)
11
Omit "Subject to subsection (5A), if", substitute "If".
12
38 Subsection 101(5A)
13
Repeal the subsection.
14
39 Section 108
15
Omit "shall", substitute "of a State must".
16
40 At the end of section 108
17
Add:
18
Note:
For the application of this section to the Australian Capital Territory,
19
the Northern Territory and the non-self-governing Territories, see
20
section 112.
21
41 Section 109 (note 2)
22
Repeal the note, substitute:
23
Note 2:
For the application of this section to the Australian Capital Territory,
24
the Northern Territory and the non-self-governing Territories, see
25
section 112.
26
42 Section 112
27
Omit "This Part", substitute "(1) This Part".
28
Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
15
43 At the end of section 112
1
Add:
2
Application of sections 108 and 109 to the Australian Capital
3
Territory
4
(2) For the purposes of the application of sections 108 and 109 in
5
relation to the Australian Capital Territory:
6
(a) the Australian Capital Territory does not include Norfolk
7
Island or the Jervis Bay Territory; and
8
(b) subject to subsections (3) and (5), those sections apply in
9
relation to Norfolk Island as if references in those sections to
10
a State were references to Norfolk Island; and
11
(c) subject to subsections (4) and (5), those sections apply in
12
relation to the Jervis Bay Territory as if references in those
13
sections to a State were references to the Jervis Bay
14
Territory.
15
(3) For the purposes of the application of section 108 in relation to
16
Norfolk Island, the reference in paragraph 108(b) to a Minister of
17
the State is taken to be a reference to the responsible
18
Commonwealth Minister (within the meaning of the Norfolk Island
19
Act 1979).
20
(4) For the purposes of the application of section 108 in relation to the
21
Jervis Bay Territory, the reference in paragraph 108(b) to a
22
Minister of the State is taken to be a reference to the Minister
23
administering the Jervis Bay Territory Acceptance Act 1915.
24
(5) For the purposes of the application of subsection 109(2) in relation
25
to Norfolk Island or the Jervis Bay Territory, the reference in that
26
subsection to an election for a Division in a State is taken to be a
27
reference to an election for a Division in the Australian Capital
28
Territory.
29
Application of sections 108 and 109 to the Northern Territory
30
(6) For the purposes of the application of sections 108 and 109 in
31
relation to the Northern Territory:
32
(a) the Northern Territory does not include the Territory of
33
Christmas Island or the Territory of Cocos (Keeling) Islands;
34
and
35
Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
16
Territories Legislation Amendment Bill 2016
No. , 2016
(b) subject to subsections (7) and (9), those sections apply in
1
relation to the Territory of Christmas Island as if references
2
in those sections to a State were references to the Territory of
3
Christmas Island; and
4
(c) subject to subsections (8) and (9), those sections apply in
5
relation to the Territory of Cocos (Keeling) Islands as if
6
references in those sections to a State were references to the
7
Territory of Cocos (Keeling) Islands.
8
(7) For the purposes of the application of section 108 in relation to the
9
Territory of Christmas Island, the reference in paragraph 108(b) to
10
a Minister of the State is taken to be a reference to the Minister
11
administering the Christmas Island Act 1958.
12
(8) For the purposes of the application of section 108 in relation to the
13
Territory of Cocos (Keeling) Islands, the reference in
14
paragraph 108(b) to a Minister of the State is taken to be a
15
reference to the Minister administering the Cocos (Keeling) Islands
16
Act 1955.
17
(9) For the purposes of the application of subsection 109(2) in relation
18
to the Territory of Christmas Island or the Territory of Cocos
19
(Keeling) Islands, the reference in that subsection to an election for
20
a Division in a State is taken to be a reference to an election for a
21
Division in the Northern Territory.
22
44 Subsection 227(4A)
23
Omit "State or Territory", substitute "place".
24
45 Section 394
25
Repeal the section, substitute:
26
394 No State or Territory vote to be held on polling day
27
(1) On the day appointed as polling day for an election of the Senate or
28
a general election of the House of Representatives, no election,
29
referendum or vote of the electors of a State or Territory or part of
30
a State or Territory may, without the authority of the
31
Governor-General, be held or taken under a law of the State or
32
Territory.
33
Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
17
(2) On the day appointed as polling day for an election of the Senate or
1
a general election of the House of Representatives, no election,
2
referendum or vote of the electors of Norfolk Island may, without
3
the authority of the Governor-General, be held or taken under a law
4
in force in Norfolk Island.
5
(3) In subsection (1):
6
Territory means:
7
(a) the Australian Capital Territory, not including Norfolk
8
Island; or
9
(b) the Northern Territory.
10
Referendum (Machinery Provisions) Act 1984
11
46 Subsection 3(1) (definition of Australian Capital Territory)
12
After "includes", insert "Norfolk Island and".
13
47 Section 3B
14
Omit ", of the Northern Territory and of Norfolk Island", substitute
15
"and of the Northern Territory".
16
48 Section 98A
17
Repeal the section.
18
Schedule 4 Norfolk Island electoral arrangements
Part 2 Transitional provisions
18
Territories Legislation Amendment Bill 2016
No. , 2016
Part 2--Transitional provisions
1
49 Definitions
2
In this Part:
3
commencement time means the commencement of Part 1 of this
4
Schedule.
5
responsible Commonwealth Minister has the same meaning as in the
6
Norfolk Island Act 1979.
7
rules means rules made under subitem 60(1).
8
50 Norfolk Island taken to be included in Australian Capital
9
Territory Division
10
Until the first distribution or redistribution of the Australian Capital
11
Territory that is determined under subsection 73(1) or 76(6) of the
12
Commonwealth Electoral Act 1918, and that takes effect on or after the
13
commencement time, the whole of Norfolk Island is taken to be
14
included in the Division in the Australian Capital Territory that does not
15
include the Jervis Bay Territory.
16
51 Action in relation to enrolments on State and Northern
17
Territory Rolls
18
(1)
This item applies if, immediately before the commencement time, a
19
person's name is on the Roll (the old Roll) for a Division in a State or
20
the Northern Territory because of subsection 95AA(2) or (3) of the
21
Commonwealth Electoral Act 1918 (as in force immediately before the
22
commencement time).
23
(2)
The Electoral Commissioner must:
24
(a) transfer the person's name by:
25
(i) deleting the person's name from the old Roll; and
26
(ii) deleting the annotation made under section 95AC of the
27
Commonwealth Electoral Act 1918 (as in force
28
immediately before the commencement time) in respect
29
of the person's name from the old Roll; and
30
(iii) entering the person's name and other particulars
31
required by section 83 of the Commonwealth Electoral
32
Act 1918 on the Roll (the new Roll) for the Division in
33
Norfolk Island electoral arrangements Schedule 4
Transitional provisions Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
19
the Australian Capital Territory that does not include the
1
Jervis Bay Territory; and
2
(b) notify the person in writing of the actions taken under
3
paragraph (a).
4
(3)
However, if the Electoral Commissioner is satisfied that the person is
5
not entitled to be enrolled on the new Roll:
6
(a) subitem (2) does not apply; and
7
(b) the Electoral Commissioner must delete the annotation made
8
under section 95AC of the Commonwealth Electoral Act
9
1918 (as in force immediately before the commencement
10
time) in respect of the person's name from the old Roll; and
11
(c) if the rules require or permit the Electoral Commissioner to
12
take specified action in relation to the person's enrolment, the
13
Electoral Commissioner must or may (as the case may be)
14
take that action; and
15
(d) the Electoral Commissioner must notify the person in writing
16
of:
17
(i) the action taken under paragraph (b); and
18
(ii) any action taken under paragraph (c).
19
(4)
Despite subitem (2), the Electoral Commissioner must not take an
20
action under paragraph (2)(a) within a period:
21
(a) starting at 8 pm on the day of the close of the new Roll for an
22
election to be held in the Division in the Australian Capital
23
Territory that does not include the Jervis Bay Territory; and
24
(b) ending on the close of the poll for the election.
25
(5)
Despite subitem (3), the Electoral Commissioner must not take an
26
action under paragraph (3)(b) or (c) in relation to a Roll for a Division
27
within a period:
28
(a) starting at 8 pm on the day of the close of the Roll for an
29
election to be held in the Division; and
30
(b) ending on the close of the poll for the election.
31
52 Action in relation to enrolments on Australian Capital
32
Territory Roll
33
(1)
This item applies if, immediately before the commencement time, a
34
person's name is on the Roll for the Division in the Australian Capital
35
Territory that does not include the Jervis Bay Territory because of
36
Schedule 4 Norfolk Island electoral arrangements
Part 2 Transitional provisions
20
Territories Legislation Amendment Bill 2016
No. , 2016
subsection 95AA(3) of the Commonwealth Electoral Act 1918 (as in
1
force immediately before the commencement time).
2
(2)
The Electoral Commissioner:
3
(a) must alter the person's enrolment by deleting the annotation
4
made under section 95AC of the Commonwealth Electoral
5
Act 1918 (as in force immediately before the commencement
6
time) in respect of the person's name from the Roll; and
7
(b) may make any additions, alterations or corrections to the Roll
8
that are necessary to ensure that the Roll contains the
9
person's particulars as required by section 83 of the
10
Commonwealth Electoral Act 1918; and
11
(c) must notify the person in writing of:
12
(i) the action taken under paragraph (a); and
13
(ii) any action taken under paragraph (b).
14
(3)
However, if the Electoral Commissioner is satisfied that the person is
15
not entitled to be enrolled for the Division in the Australian Capital
16
Territory that does not include the Jervis Bay Territory:
17
(a) subitem (2) does not apply; and
18
(b) the Electoral Commissioner must delete the annotation made
19
under section 95AC of the Commonwealth Electoral Act
20
1918 (as in force immediately before the commencement
21
time) in respect of the person's name from the Roll; and
22
(c) if the rules require or permit the Electoral Commissioner to
23
take specified action in relation to the person's enrolment, the
24
Electoral Commissioner must or may (as the case may be)
25
take that action; and
26
(d) the Electoral Commissioner must notify the person in writing
27
of:
28
(i) the action taken under paragraph (b); and
29
(ii) any action taken under paragraph (c).
30
(4)
Despite subitem (2), the Electoral Commissioner must not take an
31
action under paragraph (2)(a) or (b) within a period:
32
(a) starting at 8 pm on the day of the close of the Roll for an
33
election to be held in the Division in the Australian Capital
34
Territory that does not include the Jervis Bay Territory; and
35
(b) ending on the close of the poll for the election.
36
Norfolk Island electoral arrangements Schedule 4
Transitional provisions Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
21
(5)
Despite subitem (3), the Electoral Commissioner must not take an
1
action under paragraph (3)(b) or (c) in relation to a Roll for a Division
2
within a period:
3
(a) starting at 8 pm on the day of the close of the Roll for an
4
election to be held in the Division; and
5
(b) ending on the close of the poll for the election.
6
53 Electronic notification
--notices under items 51 and 52
7
A notice may be given under item 51 or 52 of this Schedule by an
8
electronic communication as defined in the Electronic Transactions Act
9
1999, whether or not the person consents as described in
10
paragraph 9(2)(d) of that Act. This does not limit the ways in which the
11
notice may be given.
12
54 Delegation by Electoral Commissioner
13
(1)
The Electoral Commissioner may, in writing, delegate all or any of his
14
or her powers or functions under item 51 or 52 of this Schedule to any
15
of the following:
16
(a) any officer;
17
(b) any other member of the staff of the Electoral Commission.
18
Note:
The definition of officer covers Australian Electoral Officers and
19
Divisional Returning Officers, as well as various other people.
20
(2)
In exercising powers or performing functions delegated under
21
subitem (1), the delegate must comply with any directions of the
22
Electoral Commissioner.
23
55 Early claims for enrolment
24
If:
25
(a) a claim for enrolment is made during the 8-week period
26
ending at the commencement time; and
27
(b) when the claim is made, the claimant lives in Norfolk Island;
28
and
29
(c) assuming that the claim had been made immediately after the
30
commencement time, it would have been in accordance with
31
the Commonwealth Electoral Act 1918;
32
the claim is taken to have been made immediately after the
33
commencement time.
34
Schedule 4 Norfolk Island electoral arrangements
Part 2 Transitional provisions
22
Territories Legislation Amendment Bill 2016
No. , 2016
56 Additions etc. to new Rolls
1
Section 87 of the Commonwealth Electoral Act 1918 applies as if the
2
reference in that section to action taken under section 103A or 103B of
3
that Act included a reference to action taken under item 51 or 52 of this
4
Schedule.
5
57 Disclosures or communications to courts
6
Section 390 of the Commonwealth Electoral Act 1918 applies as if:
7
(a) the reference in paragraph 390(1)(a) to a copy of a notice
8
given under section 103A or 103B or anything received in
9
response to a notice given under subsection 103A(2) or
10
103B(2) of that Act included a reference to a copy of a notice
11
given under item 51 or 52 of this Schedule or anything
12
received in response to a notice given under item 51 or 52 of
13
this Schedule; and
14
(b) the reference in subparagraph 390(1)(b)(ii) to anything done
15
under subsection 103A(2), (3), (4) or (6), or
16
subsection 103B(2), (3), (4) or (6) of that Act included a
17
reference to anything done under item 51 or 52 of this
18
Schedule.
19
58 Notices relating to enrolment etc. not to be subject to
20
warrants
21
Section 390A of the Commonwealth Electoral Act 1918 applies as if the
22
reference in subsection 390A(1) to a copy of a notice given under
23
section 103A or 103B, or anything received in response to a notice
24
given under subsection 103A(2) or 103B(2) of that Act, included a
25
reference to a copy of a notice given under item 51 or 52 of this
26
Schedule or anything received in response to a notice given under
27
item 51 or 52 of this Schedule.
28
59 Changes to rolls for voting at referendums
29
For the purposes of voting at a referendum, a name must not be deleted
30
from a Roll or entered on a Roll under item 51 or 52 of this Schedule
31
during a suspension period for the referendum (within the meaning of
32
subsection 4(2) of the Referendum (Machinery Provisions) Act 1984).
33
Norfolk Island electoral arrangements Schedule 4
Transitional provisions Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
23
60 Transitional rules
1
(1)
The responsible Commonwealth Minister may, by legislative
2
instrument, make rules prescribing matters:
3
(a) required or permitted by this Part to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2)
The rules may prescribe matters of a transitional nature (including
8
prescribing any saving or application provisions) relating to the
9
amendments or repeals made by Part 1 of this Schedule.
10
(3)
To avoid doubt, the rules may not do the following:
11
(a) create an offence or civil penalty;
12
(b) provide powers of:
13
(i) arrest or detention; or
14
(ii) entry, search or seizure;
15
(c) impose a tax;
16
(d) set an amount to be appropriated from the Consolidated
17
Revenue Fund under an appropriation in this Act;
18
(e) directly amend the text of this Act.
19
(4)
This Act (other than subitem (3)) does not limit the rules that may be
20
made under subitem (1).
21
Schedule 5 Application of Acts to Norfolk Island
Part 1 General amendments
24
Territories Legislation Amendment Bill 2016
No. , 2016
Schedule 5--Application of Acts to Norfolk
1
Island
2
Part 1--General amendments
3
Division 1
--Amendments
4
Acts Interpretation Act 1901
5
1 Section 2B (definition of Australia)
6
After "includes", insert "Norfolk Island,".
7
2 Section 2B (definition of Commonwealth)
8
After "includes", insert "Norfolk Island,".
9
Norfolk Island Act 1979
10
3 Section 18
11
Repeal the section, substitute:
12
18 Application of Commonwealth Acts
13
(1) An Act or a provision of an Act extends to the Territory of its own
14
force except so far as the Act or another Act expressly provides
15
otherwise.
16
(2) Except as provided by this Act, an enactment has no effect so far as
17
it purports to affect the application of an Act or a provision of an
18
Act in or in relation to the Territory.
19
(3) Subsections (1) and (2) apply to Acts passed before, on or after
20
1 July 2016.
21
Division 2
--Transitional provisions
22
4 Definitions
23
In this Division:
24
Application of Acts to Norfolk Island Schedule 5
General amendments Part 1
No. , 2016
Territories Legislation Amendment Bill 2016
25
responsible Commonwealth Minister has the same meaning as in the
1
Norfolk Island Act 1979.
2
transitional rules means rules made under item 5.
3
5 Transitional rules
4
(1)
The responsible Commonwealth Minister may, by legislative
5
instrument, make rules (transitional rules) prescribing matters of a
6
transitional nature (including prescribing any saving or application
7
provisions) relating to the amendments or repeals made by this
8
Schedule.
9
(2)
To avoid doubt, the transitional rules may not do the following:
10
(a) create an offence or civil penalty;
11
(b) provide powers of:
12
(i) arrest or detention; or
13
(ii) entry, search or seizure;
14
(c) impose a tax;
15
(d) set an amount to be appropriated from the Consolidated
16
Revenue Fund under an appropriation in this Act;
17
(e) directly amend the text of this Act.
18
(3)
Transitional rules made before 1 July 2017 may provide that this Act or
19
any other Act or instrument has effect with any modifications
20
prescribed by the transitional rules.
21
(4)
Subsection 12(2) (retrospective application of legislative instruments)
22
of the Legislation Act 2003 does not apply to transitional rules made
23
before 1 July 2017.
24
6 Constitutional safety net
25
(1)
If the operation of this Schedule or the transitional rules would result in
26
an acquisition of property (within the meaning of paragraph 51(xxxi) of
27
the Constitution) from a person otherwise than on just terms (within the
28
meaning of that paragraph), the Commonwealth is liable to pay a
29
reasonable amount of compensation to the person.
30
(2)
If the Commonwealth and the person do not agree on the amount of the
31
compensation, the person may institute proceedings in a court of
32
competent jurisdiction for the recovery from the Commonwealth of
33
such reasonable amount of compensation as the court determines.
34
Schedule 5 Application of Acts to Norfolk Island
Part 1 General amendments
26
Territories Legislation Amendment Bill 2016
No. , 2016
7 Constitutional limits
1
This Schedule has no effect to the extent (if any) to which it imposes
2
taxation.
3
8 Power to make Ordinances
4
This Division does not, by implication, limit the matters that may be
5
dealt with by Ordinances under section 19A of the Norfolk Island Act
6
1979.
7
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
27
Part 2--Specific amendments
1
Agricultural and Veterinary Chemicals Act 1994
2
9 Section 4 (after paragraph (a) of the definition of
3
participating Territory)
4
Insert:
5
(aa) Norfolk Island; or
6
10 Section 4 (definition of Territory)
7
Omit "Norfolk Island,".
8
Australian Capital Territory (Self-Government) Act 1988
9
11 Subsection 69(1)
10
After "the Northern Territory,", insert "Norfolk Island,".
11
Australian National Preventive Health Agency Act 2010
12
12 Section 5
13
Omit "other than Norfolk Island".
14
Australian Postal Corporation Act 1989
15
13 Section 8 (heading)
16
Repeal the heading, substitute:
17
8 Extension of Act to external Territories
18
14 Section 8
19
Omit "(other than Norfolk Island)".
20
15 Subsection 9(4) (definition of Territory)
21
Repeal the definition.
22
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
28
Territories Legislation Amendment Bill 2016
No. , 2016
16 Subsection 27(5) (definition of Australia)
1
After "includes", insert "Norfolk Island,".
2
Australian Securities and Investments Commission Act 2001
3
17 After subsection 4(1)
4
Insert:
5
(1A) Subject to paragraph (1)(c), this Act does not apply in Norfolk
6
Island, the Territory of Christmas Island or the Territory of Cocos
7
(Keeling) Islands.
8
(1B) For the purposes of subsection (1A), it does not matter whether
9
paragraph (1)(c) operates because of regulations made before, on
10
or after the commencement of that subsection.
11
Bankruptcy Act 1966
12
18 Subsection 5(1)
13
Insert:
14
Australia, when used in a geographical sense, does not include
15
Norfolk Island.
16
Territory of the Commonwealth means a Territory referred to in
17
section 122 of the Constitution, other than Norfolk Island.
18
19 At the end of Part IB
19
Add:
20
9A Act does not extend to Norfolk Island
21
This Act does not extend to Norfolk Island.
22
Bankruptcy (Estate Charges) Act 1997
23
20 After section 3
24
Insert:
25
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
29
3A Act does not extend to Norfolk Island
1
This Act does not extend to Norfolk Island.
2
Broadcasting Services Act 1992
3
21 After section 10
4
Insert:
5
10AA Operation in relation to Norfolk Island
6
The operation of this Act in relation to Norfolk Island is not
7
affected by the amendments made by Division 1 of Part 1 of
8
Schedule 5 to the Territories Legislation Amendment Act 2016.
9
Broadcasting Services (Transitional Provisions and
10
Consequential Amendments) Act 1992
11
22 At the end of Part 1
12
Add:
13
3A Act does not extend to Norfolk Island
14
This Act does not extend to Norfolk Island.
15
Business Names Registration Act 2011
16
23 Section 3 (after paragraph (b) of the definition of affected
17
Territory)
18
Insert:
19
(ba) Norfolk Island; and
20
24 Section 3 (definition of Australia)
21
Repeal the definition.
22
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
30
Territories Legislation Amendment Bill 2016
No. , 2016
Competition and Consumer Act 2010
1
25 Section 151AC
2
Before "This Part", insert "(1)".
3
26 At the end of section 151AC
4
Add:
5
(2) The operation of this Part, and the other provisions of this Act so
6
far as they relate to this Part, in relation to Norfolk Island is not
7
affected by the amendments made by Division 1 of Part 1 of
8
Schedule 5 to the Territories Legislation Amendment Act 2016.
9
27 Section 152AE
10
Before "This Part", insert "(1)".
11
28 At the end of section 152AE
12
Add:
13
(2) The operation of this Part, and the other provisions of this Act so
14
far as they relate to this Part, in relation to Norfolk Island is not
15
affected by the amendments made by Division 1 of Part 1 of
16
Schedule 5 to the Territories Legislation Amendment Act 2016.
17
Copyright Act 1968
18
29 Subsection 152(1) (definition of Australia)
19
After "external Territories", insert "other than Norfolk Island".
20
Cross-Border Insolvency Act 2008
21
30 Section 4
22
After "extend to", insert "Norfolk Island,".
23
31 Subsection 5(1) (definition of Australia)
24
After "include", insert "Norfolk Island,".
25
32 Subsection 7(2) (note)
26
After "includes", insert "Norfolk Island,".
27
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
31
Customs Licensing Charges Act 1997
1
33 After section 3
2
Insert:
3
3A Act does not extend to Norfolk Island
4
This Act does not extend to Norfolk Island.
5
Customs Securities (Penalties) Act 1981
6
34 After section 3
7
Insert:
8
3A Act does not extend to Norfolk Island
9
This Act does not extend to Norfolk Island.
10
Customs Tariff Act 1995
11
35 After section 3
12
Insert:
13
3A Act does not extend to Norfolk Island
14
This Act does not extend to Norfolk Island.
15
Customs Tariff (Anti-Dumping) Act 1975
16
36 After section 6
17
Insert:
18
6A Act does not extend to Norfolk Island
19
This Act does not extend to Norfolk Island.
20
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
32
Territories Legislation Amendment Bill 2016
No. , 2016
Customs Undertakings (Penalties) Act 1981
1
37 After section 3
2
Insert:
3
3A Act does not extend to Norfolk Island
4
This Act does not extend to Norfolk Island.
5
Do Not Call Register Act 2006
6
38 Section 4 (definition of Australia)
7
Repeal the definition, substitute:
8
Australia means the Commonwealth of Australia and, when used
9
in a geographical sense, includes the eligible Territories, but does
10
not include any other external Territory.
11
39 Section 8
12
Before "This Act", insert "(1)".
13
40 At the end of section 8
14
Add:
15
(2) This Act does not extend to Norfolk Island unless it is prescribed.
16
Education Services for Overseas Students Act 2000
17
41 After section 4B
18
Insert:
19
4C Act does not extend to Norfolk Island
20
This Act does not extend to Norfolk Island.
21
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
33
Equal Employment Opportunity (Commonwealth
1
Authorities) Act 1987
2
42 Subsection 3(1) (definition of Australia)
3
Repeal the definition.
4
43 Section 4
5
Repeal the section.
6
Excise Act 1901
7
44 Subsection 4(1) (before paragraph (a) of the definition of
8
Australia)
9
Insert:
10
(aa) Norfolk Island; or
11
Export Control Act 1982
12
45 Before paragraph 4A(1)(a)
13
Insert:
14
(aa) Norfolk Island;
15
46 Subsection 4A(2)
16
Omit "either or both of the Territories", substitute "one or more of the
17
Territories".
18
47 Subsection 23(1A) (definition of Australia)
19
After "does not include", insert "Norfolk Island,".
20
48 Subsection 23(1AA)
21
After "goods to be exported from", insert "Norfolk Island,".
22
49 Subsection 23(1AA)
23
After "goods are from", insert "the 'Australian Territory of Norfolk
24
Island',".
25
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
34
Territories Legislation Amendment Bill 2016
No. , 2016
Fair Entitlements Guarantee Act 2012
1
50 At the end of Part 1
2
Add:
3
9A Rules may modify application of this Act in Norfolk Island
4
(1) The Minister may, by legislative instrument, make rules
5
prescribing modifications of this Act or the regulations for their
6
application in relation to Norfolk Island.
7
(2) To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act or the regulations.
16
(3) If the rules prescribe modifications of this Act or the regulations
17
for their application in relation to Norfolk Island, then this Act or
18
the regulations have effect as so modified in relation to Norfolk
19
Island.
20
Note:
This Act and the regulations would, in the absence of any such rules,
21
apply in relation to Norfolk Island in the same way as they apply in
22
relation to the rest of Australia.
23
Fair Work Act 2009
24
51 Section 12
25
Insert:
26
Australia means the Commonwealth of Australia and, when used
27
in a geographical sense, includes Norfolk Island, the Territory of
28
Christmas Island and the Territory of Cocos (Keeling) Islands, but
29
does not include any other external Territory.
30
Commonwealth means the Commonwealth of Australia and, when
31
used in a geographical sense, includes Norfolk Island, the Territory
32
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
35
of Christmas Island and the Territory of Cocos (Keeling) Islands,
1
but does not include any other external Territory.
2
52 Section 12 (note at the end of the definition of connected
3
with a Territory)
4
Repeal the note, substitute:
5
Note:
In this context, Australia includes Norfolk Island, the Territory of
6
Christmas Island and the Territory of Cocos (Keeling) Islands (see the
7
definition of Australia).
8
53 Subsection 14(1) (note 1)
9
Repeal the note, substitute:
10
Note 1:
In this context, Australia includes Norfolk Island, the Territory of
11
Christmas Island and the Territory of Cocos (Keeling) Islands (see the
12
definition of Australia in section 12).
13
54 Subsection 31(1) (note 1)
14
Repeal the note, substitute:
15
Note 1:
In this context, Australia includes Norfolk Island, the Territory of
16
Christmas Island, the Territory of Cocos (Keeling) Islands and the
17
coastal sea (see the definition of Australia in section 12 of this Act
18
and section 15B of the Acts Interpretation Act 1901).
19
55 After section 32
20
Insert:
21
32A Rules may modify application of this Act in Norfolk Island
22
(1) The Minister may, by legislative instrument, make rules
23
prescribing modifications of this Act for its application in relation
24
to Norfolk Island.
25
(2) To avoid doubt, the rules may not do the following:
26
(a) create an offence or civil penalty;
27
(b) provide powers of:
28
(i) arrest or detention; or
29
(ii) entry, search or seizure;
30
(c) impose a tax;
31
(d) set an amount to be appropriated from the Consolidated
32
Revenue Fund under an appropriation in this Act;
33
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
36
Territories Legislation Amendment Bill 2016
No. , 2016
(e) directly amend the text of this Act.
1
(3) If the rules prescribe modifications of this Act for its application in
2
relation to Norfolk Island, then this Act has effect as so modified in
3
relation to Norfolk Island.
4
Note:
This Act would, in the absence of any such rules, apply in relation to
5
Norfolk Island in the same way as it applies in relation to the rest of
6
Australia.
7
56 Subsection 792(1)
8
After "under this Act", insert "(except under section 32A)".
9
Federal Proceedings (Costs) Act 1981
10
57 Subsection 3(1) (definition of Territory)
11
Omit "or Norfolk Island".
12
58 Section 5
13
Omit "except Norfolk Island".
14
Gene Technology Act 2000
15
59 Section 7
16
Omit "other than Norfolk Island".
17
Health Insurance Commission (Reform and Separation of
18
Functions) Act 1997
19
60 Section 8
20
Omit ", of the Northern Territory and of Norfolk Island", substitute
21
"and of the Northern Territory".
22
Hearing Services and AGHS Reform Act 1997
23
61 Section 7
24
Omit ", of the Northern Territory and of Norfolk Island", substitute
25
"and of the Northern Territory".
26
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
37
Imported Food Charges (Collection) Act 2015
1
62 Section 5
2
After "does not extend to", insert "Norfolk Island,".
3
Imported Food Charges (Imposition--Customs) Act 2015
4
63 Section 4
5
After "does not extend to", insert "Norfolk Island,".
6
Imported Food Charges (Imposition--Excise) Act 2015
7
64 Section 4
8
After "does not extend to", insert "Norfolk Island,".
9
Imported Food Charges (Imposition--General) Act 2015
10
65 Section 4
11
After "does not extend to", insert "Norfolk Island,".
12
Imported Food Control Act 1992
13
66 At the end of section 4
14
Add:
15
(3) This Act does not extend to Norfolk Island unless regulations made
16
for the purposes of this subsection provide that the Act is to extend
17
to that Territory.
18
Import Processing Charges Act 2001
19
67 After section 3
20
Insert:
21
3A Act does not extend to Norfolk Island
22
This Act does not extend to Norfolk Island.
23
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
38
Territories Legislation Amendment Bill 2016
No. , 2016
Independent Contractors Act 2006
1
68 At the end of Part 1
2
Add:
3
5A Rules may modify application of this Act in Norfolk Island
4
(1) The Minister may, by legislative instrument, make rules
5
prescribing modifications of this Act or the regulations for their
6
application in relation to Norfolk Island.
7
(2) To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act or the regulations.
16
(3) If the rules prescribe modifications of this Act or the regulations
17
for their application in relation to Norfolk Island, then this Act or
18
the regulations have effect as so modified in relation to Norfolk
19
Island.
20
Note:
This Act and the regulations would, in the absence of any such rules,
21
apply in relation to Norfolk Island in the same way as they apply in
22
relation to the rest of Australia.
23
Industry Research and Development Act 1986
24
69 Subsection 4(1)
25
Insert:
26
Australia has the same meaning as in the Income Tax Assessment
27
Act 1997.
28
70 Section 5
29
Repeal the section, substitute:
30
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
39
5 Application
1
This Act extends to every external Territory referred to in the
2
definition of Australia.
3
71 Paragraph 28D(2)(a)
4
Omit "or an external Territory".
5
72 Subsection 28D(4)
6
Omit "or the external Territories" (wherever occurring).
7
73 Paragraphs 28D(5)(b) and (d)
8
Omit "and the external Territories".
9
Insurance Contracts Act 1984
10
74 Subsection 6(1)
11
Omit "an external Territory", substitute "Norfolk Island, the Territory
12
of Christmas Island and the Territory of Cocos (Keeling) Islands, and to
13
any other external Territory".
14
Motor Vehicle Standards Act 1989
15
75 Subsection 5(1) (before paragraph (a) of the definition of
16
Australia)
17
Insert:
18
(aa) Norfolk Island; or
19
National Land Transport Act 2014
20
76 Subsection 4(1) (definition of Indian Ocean Territory)
21
Repeal the definition.
22
77 Subsection 4(1)
23
Insert:
24
relevant external Territory means:
25
(a) Norfolk Island; or
26
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
40
Territories Legislation Amendment Bill 2016
No. , 2016
(b) the Territory of Christmas Island; or
1
(c) the Territory of Cocos (Keeling) Islands.
2
78 Paragraphs 10(a), (c), (e) and (f)
3
Omit "Indian Ocean Territory", substitute "relevant external Territory".
4
Passenger Movement Charge Collection Act 1978
5
79 Section 3 (definition of Australia)
6
Repeal the definition.
7
80 Section 3 (before paragraph (a) of the definition of
8
external Territory)
9
Insert:
10
(aa) Norfolk Island; or
11
Plant Breeder's Rights Act 1994
12
81 After section 9A
13
Insert:
14
9B Extension to Norfolk Island
15
This Act does not extend to Norfolk Island unless the regulations
16
prescribe.
17
Protection of Movable Cultural Heritage Act 1986
18
82 Subsection 3(1) (definition of Australia)
19
Omit "other than Norfolk Island".
20
83 Section 6
21
Omit "other than Norfolk Island".
22
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
41
Public Order (Protection of Persons and Property) Act 1971
1
84 Subsection 4(1) (after paragraph (a) of the definition of
2
Territory)
3
Insert:
4
(aa) Norfolk Island; or
5
Road Safety Remuneration Act 2012
6
85 After section 15
7
Insert:
8
15A Rules may modify application of this Act in Norfolk Island
9
(1) The Minister may, by legislative instrument, make rules
10
prescribing modifications of this Act or the regulations for their
11
application in relation to Norfolk Island.
12
(2) To avoid doubt, the rules may not do the following:
13
(a) create an offence or civil penalty;
14
(b) provide powers of:
15
(i) arrest or detention; or
16
(ii) entry, search or seizure;
17
(c) impose a tax;
18
(d) set an amount to be appropriated from the Consolidated
19
Revenue Fund under an appropriation in this Act;
20
(e) directly amend the text of this Act or the regulations.
21
(3) If the rules prescribe modifications of this Act or the regulations
22
for their application in relation to Norfolk Island, then this Act or
23
the regulations have effect as so modified in relation to Norfolk
24
Island.
25
Note:
This Act and the regulations would, in the absence of any such rules,
26
apply in relation to Norfolk Island in the same way as they apply in
27
relation to the rest of Australia.
28
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
42
Territories Legislation Amendment Bill 2016
No. , 2016
Telecommunications Act 1997
1
86 Section 10
2
Before "This Act", insert "(1)".
3
87 At the end of section 10
4
Add:
5
(2) The operation of this Act in relation to Norfolk Island is not
6
affected by the amendments made by Division 1 of Part 1 of
7
Schedule 5 to the Territories Legislation Amendment Act 2016.
8
Telecommunications (Carrier Licence Charges) Act 1997
9
88 Section 4
10
Before "This Act", insert "(1)".
11
89 At the end of section 4
12
Add:
13
(2) The operation of this Act in relation to Norfolk Island is not
14
affected by the amendments made by Division 1 of Part 1 of
15
Schedule 5 to the Territories Legislation Amendment Act 2016.
16
Telecommunications (Industry Levy) Act 2012
17
90 Section 4B
18
Before "This Part", insert "(1)".
19
91 Section 4B
20
Omit "section 10", substitute "subsection 10(1)".
21
92 At the end of section 4B
22
Add:
23
(2) The operation of this Act in relation to Norfolk Island is not
24
affected by the amendments made by Division 1 of Part 1 of
25
Schedule 5 to the Territories Legislation Amendment Act 2016.
26
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
43
Telecommunications (Interception and Access) Act 1979
1
93 At the end of Part 1-1
2
Add:
3
4B Application to Norfolk Island
4
(1) This Act does not extend to Norfolk Island.
5
(2) Subsection (1) ceases to be in force when the Telecommunications
6
Act 1992 (Norfolk Island) is repealed.
7
Note:
Once subsection (1) ceases to be in force this Act will extend to
8
Norfolk Island because of section 18 of the Norfolk Island Act 1979.
9
Telecommunications (Numbering Charges) Act 1997
10
94 Section 4
11
Before "This Act", insert "(1)".
12
95 At the end of section 4
13
Add:
14
(2) The operation of this Act in relation to Norfolk Island is not
15
affected by the amendments made by Division 1 of Part 1 of
16
Schedule 5 to the Territories Legislation Amendment Act 2016.
17
Telecommunications (Transitional Provisions and
18
Consequential Amendments) Act 1991
19
96 At the end of section 3
20
Add:
21
(3) The operation of this Part in relation to Norfolk Island is not
22
affected by the amendments made by Division 1 of Part 1 of
23
Schedule 5 to the Territories Legislation Amendment Act 2016.
24
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
44
Territories Legislation Amendment Bill 2016
No. , 2016
Telecommunications (Transitional Provisions and
1
Consequential Amendments) Act 1997
2
97 At the end of Part 1
3
Add:
4
2A Application in relation to Norfolk Island
5
The operation of this Act in relation to Norfolk Island is not
6
affected by the amendments made by Division 1 of Part 1 of
7
Schedule 5 to the Territories Legislation Amendment Act 2016.
8
Tradex Duty Imposition (Customs) Act 1999
9
98 After section 2
10
Insert:
11
2A Act does not extend to Norfolk Island
12
This Act does not extend to Norfolk Island.
13
Tradex Duty Imposition (Excise) Act 1999
14
99 After section 2
15
Insert:
16
2A Act does not extend to Norfolk Island
17
This Act does not extend to Norfolk Island.
18
Tradex Duty Imposition (General) Act 1999
19
100 After section 2
20
Insert:
21
2A Act does not extend to Norfolk Island
22
This Act does not extend to Norfolk Island.
23
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
No. , 2016
Territories Legislation Amendment Bill 2016
45
Water Efficiency Labelling and Standards Act 2005
1
101 Section 5
2
Omit "other than Norfolk Island".
3
Workplace Gender Equality Act 2012
4
102 Subsection 3(3)
5
Repeal the subsection.
6
103 Section 4
7
Repeal the section.
8
Schedule 6 Nature of Norfolk Island Regional Council
46
Territories Legislation Amendment Bill 2016
No. , 2016
Schedule 6--Nature of Norfolk Island Regional
1
Council
2
3
Norfolk Island Legislation Amendment Act 2015
4
1 Item 17 of Schedule 2 (definition of Norfolk Island Regional
5
Council)
6
Omit "corporate".
7