2016
No. 33, 2016
and for related purposes
(https://www.legislation.gov.au/)
Note: An electronic version of this Act is available on the Federal Register of Legislation
Territories Legislation Amendment Act
An Act to amend the law relating to Territories,
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Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................2
3 Schedules...........................................................................................3
Schedule 1—New Zealand citizens residing on Norfolk Island 4
Norfolk Island Legislation Amendment Act 2015 4
Schedule 2—Claims for assistance made by Norfolk Island
residents before 1 July 2016 5
Norfolk Island Legislation Amendment Act 2015 5
Schedule 3—Child support for Indian Ocean Territory
residents 7
Part 1—Amendments 7
Child Support (Assessment) Act 1989 7
Child Support (Registration and Collection) Act 1988 7
Part 2—Transitional provisions 8
Schedule 4—Norfolk Island electoral arrangements 10
Part 1—Amendments 10
Commonwealth Electoral Act 1918 10
Referendum (Machinery Provisions) Act 1984 18
Part 2—Transitional provisions 19
Schedule 5—Application of Acts to Norfolk Island 25
Part 1—General amendments 25
Division 1—Amendments 25
Acts Interpretation Act 1901 25
Norfolk Island Act 1979 25
Division 2—Transitional provisions 25
Part 2—Specific amendments 28
Agricultural and Veterinary Chemicals Act 1994 28
Australian Capital Territory (Self-Government) Act 1988 28
Australian National Preventive Health Agency Act 2010 28
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Australian Postal Corporation Act 1989 28
Broadcasting Services (Transitional Provisions and Consequential
Equal Employment Opportunity (Commonwealth Authorities) Act
Health Insurance Commission (Reform and Separation of Functions)
Australian Securities and Investments Commission Act 2001 29
Bankruptcy Act 1966 29
Bankruptcy (Estate Charges) Act 1997 29
Broadcasting Services Act 1992 30
Amendments) Act 1992 30
Business Names Registration Act 2011 30
Competition and Consumer Act 2010 31
Copyright Act 1968 31
Cross-Border Insolvency Act 2008 31
Customs Licensing Charges Act 1997 32
Customs Securities (Penalties) Act 1981 32
Customs Tariff Act 1995 32
Customs Tariff (Anti-Dumping) Act 1975 32
Customs Undertakings (Penalties) Act 1981 33
Do Not Call Register Act 2006 33
Education Services for Overseas Students Act 2000 33
1987 34
Excise Act 1901 34
Export Control Act 1982 34
Fair Entitlements Guarantee Act 2012 35
Fair Work Act 2009 35
Federal Proceedings (Costs) Act 1981 37
Gene Technology Act 2000 37
Act 1997 37
Hearing Services and AGHS Reform Act 1997 37
Imported Food Charges (Collection) Act 2015 38
Imported Food Charges (Imposition—Customs) Act 2015 38
Imported Food Charges (Imposition—Excise) Act 2015 38
Imported Food Charges (Imposition—General) Act 2015 38
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Imported Food Control Act 1992 38
Telecommunications (Transitional Provisions and Consequential
Telecommunications (Transitional Provisions and Consequential
Import Processing Charges Act 2001 38
Independent Contractors Act 2006 39
Industry Research and Development Act 1986 39
Insurance Contracts Act 1984 40
Motor Vehicle Standards Act 1989 40
National Land Transport Act 2014 40
Passenger Movement Charge Collection Act 1978 41
Plant Breeder’s Rights Act 1994 41
Protection of Movable Cultural Heritage Act 1986 41
Public Order (Protection of Persons and Property) Act 1971 42
Road Safety Remuneration Act 2012 42
Telecommunications Act 1997 43
Telecommunications (Carrier Licence Charges) Act 1997 43
Telecommunications (Industry Levy) Act 2012 43
Telecommunications (Interception and Access) Act 1979 44
Telecommunications (Numbering Charges) Act 1997 44
Amendments) Act 1991 44
Amendments) Act 1997 45
Tradex Duty Imposition (Customs) Act 1999 45
Tradex Duty Imposition (Excise) Act 1999 45
Tradex Duty Imposition (General) Act 1999 45
Water Efficiency Labelling and Standards Act 2005 46
Workplace Gender Equality Act 2012 46
Schedule 6—Nature of Norfolk Island Regional Council 47
Norfolk Island Legislation Amendment Act 2015 47
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Territories Legislation Amendment Act
2016
No. 33, 2016
An Act to amend the law relating to Territories,
and for related purposes
[Assented to 23 March 2016]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Territories Legislation Amendment
Act 2016.
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2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
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. 23 March 2016
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
24 March 2016
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.
24 March 2016
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.
24 March 2016
7. Schedule 5 1 July 2016. 1 July 2016
8. Schedule 6 The day after this Act receives the Royal 24 March 2016
Assent.
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
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3 Schedules
Legislation that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Schedule 1 New Zealand citizens residing on Norfolk Island
Schedule 1—New Zealand citizens residing on Norfolk Island
Norfolk Island Legislation Amendment Act 2015
1 Item 323 of Schedule 2
Repeal the item.
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Claims for assistance made by Norfolk Island residents before 1 July 2016 Schedule 2
Schedule 2—Claims for assistance made by Norfolk Island residents before 1 July 2016
Norfolk Island Legislation Amendment Act 2015
1 Paragraph 381(a) of Schedule 2
Omit “4-week”, substitute “8-week”.
2 After subitem 382(1) of Schedule 2
Insert:
(1A) If:
(a) an application for acceptance by the Registrar of an
agreement made in relation to 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 agreement had been entered into and made
at the time (the deemed agreement time) immediately after
the final transition time, the agreement would have been a
child support agreement at the deemed agreement time; and
(d) assuming that the application had been made immediately
after the deemed agreement time, it would have been in
accordance with Division 3 of Part 6 of the Child Support
(Assessment) Act 1989;
the agreement is taken to have been entered into and made at the
deemed agreement time, and the application is taken to have been made
immediately after the deemed agreement time.
(1B) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not
apply in relation to an agreement and an application taken under
subitem (1A) to have been made in relation to a child if an application
for administrative assessment of child support in respect of the child is
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Schedule 2 Claims for assistance made by Norfolk Island residents before 1 July 2016
taken under subitem (1) to have been made immediately after the final
transition time.
(1C) Subitems (1), (1A) and (1B) do not apply in relation to:
(a) an application that was properly made under the Child
Support (Assessment) Act 1989 before the final transition
time; or
(b) an agreement that was a child support agreement before the
final transition time.
3 Subitem 382(2) of Schedule 2
Insert:
child support agreement has the same meaning as in the Child Support
(Assessment) Act 1989.
Registrar has the same meaning as in the Child Support (Assessment)
Act 1989.
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Child support for Indian Ocean Territory residents Schedule 3
Amendments Part 1
Schedule 3—Child support for Indian Ocean Territory residents
Part 1—Amendments
Child Support (Assessment) Act 1989
1 Section 10
Omit “(other than a person who is a resident of Australia solely because
the definition of Australia in that Act includes an external Territory
other than Norfolk Island)”.
Child Support (Registration and Collection) Act 1988
2 Subsection 4(1) (paragraph (a) of the definition of resident of Australia)
Omit “(other than a person who is a resident of Australia solely because
the definition of Australia in that Act includes an external Territory
other than Norfolk Island)”.
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Schedule 3 Child support for Indian Ocean Territory residents
Part 2 Transitional provisions
Part 2—Transitional provisions
3 Early claims
(1) If:
(a) an application for administrative assessment of child support
in respect of a child is made during the 8-week period ending
at the start of 1 July 2016; and
(b) when the application is made:
(i) the applicant is ordinarily resident in the Territory of
Christmas Island or the Territory of Cocos (Keeling)
Islands; or
(ii) the child is ordinarily resident in the Territory of
Christmas Island or the Territory of Cocos (Keeling)
Islands; or
(iii) a parent of the child is ordinarily resident in the
Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands; and
(c) assuming that the application had been made immediately
after the commencement of Part 1 of this Schedule, it would
have been in accordance with Division 1 of Part 4 of the
Child Support (Assessment) Act 1989;
the application is taken to be made immediately after that
commencement.
(2) If:
(a) an application for acceptance by the Registrar of an
agreement made in relation to a child is made during the
8-week period ending at the start of 1 July 2016; and
(b) when the application is made:
(i) the applicant is ordinarily resident in the Territory of
Christmas Island or the Territory of Cocos (Keeling)
Islands; or
(ii) the child is ordinarily resident in the Territory of
Christmas Island or the Territory of Cocos (Keeling)
Islands; or
(iii) a parent of the child is ordinarily resident in the
Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands; and
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Child support for Indian Ocean Territory residents Schedule 3
Transitional provisions Part 2
(c) assuming that the agreement had been entered into and made
at the time (the deemed agreement time) immediately after
the commencement of Part 1 of this Schedule, the agreement
would have been a child support agreement at the deemed
agreement time; and
(d) assuming that the application had been made immediately
after the deemed agreement time, it would have been in
accordance with Division 3 of Part 6 of the Child Support
(Assessment) Act 1989;
the agreement is taken to be entered into and made at the deemed
agreement time, and the application is taken to be made immediately
after the deemed agreement time.
(3) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not
apply in relation to an agreement and an application taken under
subitem (2) to have been made in relation to a child if an application for
administrative assessment of child support in respect of the child is
taken under subitem (1) to have been made immediately after the
commencement of Part 1 of this Schedule.
(4) Subitems (1), (2) and (3) do not apply in relation to:
(a) an application that is properly made under the Child Support
(Assessment) Act 1989 before 1 July 2016; or
(b) an agreement that is a child support agreement before 1 July
2016.
(5) 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.
child support agreement has the same meaning as in the Child Support
(Assessment) Act 1989.
Registrar has the same meaning as in the Child Support (Assessment)
Act 1989.
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Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
Schedule 4—Norfolk Island electoral arrangements
Part 1—Amendments
Commonwealth Electoral Act 1918
1 Subsection 4(1) (definition of Australian Capital Territory)
After “includes”, insert “Norfolk Island and”.
2 Subsection 4(1) (definition of Controller-General of Prisons)
Repeal the definition, substitute:
Controller-General of Prisons:
(a) of a State, the Australian Capital Territory (not including a
non-self-governing Territory) or the Northern Territory (not
including a non-self-governing Territory)—means the
principal officer (however described) having control of the
prisons and gaols of the State or Territory; and
(b) of a non-self-governing Territory—means the principal
officer (however described) having control of the prisons and
gaols of the non-self-governing Territory.
3 Subsection 4(1)
Insert:
non-self-governing Territory means Norfolk Island, the Jervis Bay
Territory, the Territory of Christmas Island or the Territory of
Cocos (Keeling) Islands.
4 Subsection 4(1) (definition of Registrar-General)
Repeal the definition, substitute:
Registrar-General:
(a) of a State, the Australian Capital Territory (not including a
non-self-governing Territory) or the Northern Territory (not
including a non-self-governing Territory)—means the
principal officer (however described) who is charged with the
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Norfolk Island electoral arrangements Schedule 4
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duty of registering births, deaths and marriages occurring in
the State or Territory; and
(b) of a non-self-governing Territory—means the principal
officer (however described) who is charged with the duty of
registering births, deaths and marriages occurring in the
non-self-governing Territory.
5 Section 4B
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
6 Section 38A
Insert:
Australian Capital Territory includes the Jervis Bay Territory but
does not include Norfolk Island.
7 Section 38A (definition of Territory)
Omit “other than Norfolk Island”.
8 After subsection 40(6)
Insert:
(6A) Until Norfolk Island becomes entitled to separate representation in
the Senate under subsection (5), this section has effect as if Norfolk
Island were a part of the Australian Capital Territory.
9 Subsection 45(1)
Omit “(1)”.
10 Subsection 45(2)
Repeal the subsection.
11 After paragraph 46(1)(d)
Insert:
(da) Norfolk Island;
12 After paragraph 46(1B)(c)
Insert:
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Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
(ca) the population of Norfolk Island;
13 Subsection 46(2)
Repeal the subsection.
14 Paragraph 48(1)(b)
After “(2B),”, insert “(2BA),”.
15 Subsection 48(2A)
After “(2B),”, insert “(2BA),”.
16 After subsection 48(2B)
Insert:
(2BA) Subject to subsection (2F), if the Electoral Commissioner
determines that, at a general election, no member of the House of
Representatives is to be chosen in Norfolk Island, the following
provisions have effect:
(a) the ascertainments under section 46, and the determinations
under this section, in respect of Norfolk Island, and in respect
of the Australian Capital Territory, are taken never to have
been made;
(b) Norfolk Island is taken to be part of the Australian Capital
Territory;
(c) subject to subsection (2G), the Electoral Commissioner must,
as soon as possible:
(i) ascertain, under section 46, the number of the people of
the Australian Capital Territory; and
(ii) determine, under this section, the number of members of
the House of Representatives to be chosen in the
Australian Capital Territory at a general election.
(2BB) To avoid doubt, subsection 46(1A) does not apply to the
ascertainment of the number of the people of the Australian Capital
Territory under subparagraph (2BA)(c)(i) of this section.
Note: Subsection 46(1A) might otherwise require the fresh ascertainment of
the number of the people of the Australian Capital Territory under
subparagraph (2BA)(c)(i) of this section to be made immediately after
the end of the 12 month period referred to in subsection 46(1).
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Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
17 After subparagraph 48(2F)(a)(i)
Insert:
(ia) subparagraph (2BA)(c)(ii); or
18 Subsection 48(2F) (note)
Repeal the note, substitute:
Note: In certain circumstances, the number of the people of the Australian
Capital Territory or the Northern Territory will have been
re-ascertained in accordance with section 46 because of the operation
of subsection (2BA) or (2C).
19 Subsection 48(2G)
After “paragraphs”, insert “(2BA)(c),”.
20 After sub-subparagraph 49(1)(a)(i)(D)
Insert:
(DA) Norfolk Island;
21 Subsection 49(1) (note)
Omit “to the subsection 4(1) definition of the Australian Capital
Territory, to subsection 45(2), to subsection 46(2) or to
subsection 48(2C)”, substitute “to subsection 48(2BA), (2C)”.
22 Section 51
Omit “Subject to subsection 95AA(3), a”, substitute “A”.
23 After section 56
Insert:
56AA Inclusion of Territories in Australian Capital Territory
Divisions
(1) Any distribution or redistribution of the Australian Capital
Territory into Electoral Divisions under this Act must be such that
the whole of the Jervis Bay Territory is included in one Electoral
Division.
(2) Until the Electoral Commissioner, under subsection 48(2A),
determines that a member of the House of Representatives be
chosen in Norfolk Island at a general election, any distribution or
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Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
redistribution of the Australian Capital Territory into Electoral
Divisions under this Act must be such that:
(a) the whole of Norfolk Island is included in one Electoral
Division; and
(b) if there is more than one Electoral Division—Norfolk Island
and the Jervis Bay Territory are included in different
Electoral Divisions.
24 Section 56A (heading)
Repeal the heading, substitute:
56A Inclusion of Territories in Northern Territory Divisions
25 Subsection 66(4)
Repeal the subsection.
26 At the end of section 66
Add:
Note: See also sections 56AA and 56A in relation to redistributions of the
Australian Capital Territory and the Northern Territory.
27 At the end of subsection 73(1)
Add:
Note: See also sections 56AA and 56A in relation to redistributions of the
Australian Capital Territory and the Northern Territory.
28 Subsection 73(5)
Repeal the subsection.
29 Subsections 94(16) and 95(17)
Repeal the subsections.
30 Sections 95AA, 95AB and 95AC
Repeal the sections.
31 Subsection 96(13) (definition of Australia)
Repeal the definition.
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32 Paragraph 98AA(2)(a)
After “Territory”, insert “, or a law in force in Norfolk Island”.
33 Subsection 99(3)
Omit “95AA,”.
34 Subsection 101(1)
Omit “Subject to subsection (5A), every”, substitute “Every”.
35 Subsection 101(1A)
Repeal the subsection.
36 Subsection 101(4)
Omit “Subject to subsection (5A), every”, substitute “Every”.
37 Subsection 101(5)
Omit “Subject to subsection (5A), if”, substitute “If”.
38 Subsection 101(5A)
Repeal the subsection.
39 Section 108
Omit “shall”, substitute “of a State must”.
40 At the end of section 108
Add:
Note: For the application of this section to the Australian Capital Territory,
the Northern Territory and the non-self-governing Territories, see
section 112.
41 Section 109 (note 2)
Repeal the note, substitute:
Note 2: For the application of this section to the Australian Capital Territory,
the Northern Territory and the non-self-governing Territories, see
section 112.
42 Section 112
Omit “This Part”, substitute “(1) This Part”.
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Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
43 At the end of section 112
Add:
Application of sections 108 and 109 to the Australian Capital
Territory
(2) For the purposes of the application of sections 108 and 109 in
relation to the Australian Capital Territory:
(a) the Australian Capital Territory does not include Norfolk
Island or the Jervis Bay Territory; and
(b) subject to subsections (3) and (5), those sections apply in
relation to Norfolk Island as if references in those sections to
a State were references to Norfolk Island; and
(c) subject to subsections (4) and (5), those sections apply in
relation to the Jervis Bay Territory as if references in those
sections to a State were references to the Jervis Bay
Territory.
(3) For the purposes of the application of section 108 in relation to
Norfolk Island, the reference in paragraph 108(b) to a Minister of
the State is taken to be a reference to the responsible
Commonwealth Minister (within the meaning of the Norfolk Island
Act 1979).
(4) For the purposes of the application of section 108 in relation to the
Jervis Bay Territory, the reference in paragraph 108(b) to a
Minister of the State is taken to be a reference to the Minister
administering the Jervis Bay Territory Acceptance Act 1915.
(5) For the purposes of the application of subsection 109(2) in relation
to Norfolk Island or the Jervis Bay Territory, the reference in that
subsection to an election for a Division in a State is taken to be a
reference to an election for a Division in the Australian Capital
Territory.
Application of sections 108 and 109 to the Northern Territory
(6) For the purposes of the application of sections 108 and 109 in
relation to the Northern Territory:
(a) the Northern Territory does not include the Territory of
Christmas Island or the Territory of Cocos (Keeling) Islands;
and
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Norfolk Island electoral arrangements Schedule 4
Amendments Part 1
(b) subject to subsections (7) and (9), those sections apply in
relation to the Territory of Christmas Island as if references
in those sections to a State were references to the Territory of
Christmas Island; and
(c) subject to subsections (8) and (9), those sections apply in
relation to the Territory of Cocos (Keeling) Islands as if
references in those sections to a State were references to the
Territory of Cocos (Keeling) Islands.
(7) For the purposes of the application of section 108 in relation to the
Territory of Christmas Island, the reference in paragraph 108(b) to
a Minister of the State is taken to be a reference to the Minister
administering the Christmas Island Act 1958.
(8) For the purposes of the application of section 108 in relation to the
Territory of Cocos (Keeling) Islands, the reference in
paragraph 108(b) to a Minister of the State is taken to be a
reference to the Minister administering the Cocos (Keeling) Islands
Act 1955.
(9) For the purposes of the application of subsection 109(2) in relation
to the Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands, the reference in that subsection to an election for
a Division in a State is taken to be a reference to an election for a
Division in the Northern Territory.
44 Subsection 227(4A)
Omit “State or Territory”, substitute “place”.
45 Section 394
Repeal the section, substitute:
394 No State or Territory vote to be held on polling day
(1) On the day appointed as polling day for an election of the Senate or
a general election of the House of Representatives, no election,
referendum or vote of the electors of a State or Territory or part of
a State or Territory may, without the authority of the
Governor-General, be held or taken under a law of the State or
Territory.
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Schedule 4 Norfolk Island electoral arrangements
Part 1 Amendments
(2) On the day appointed as polling day for an election of the Senate or
a general election of the House of Representatives, no election,
referendum or vote of the electors of Norfolk Island may, without
the authority of the Governor-General, be held or taken under a law
in force in Norfolk Island.
(3) In subsection (1):
Territory means:
(a) the Australian Capital Territory, not including Norfolk
Island; or
(b) the Northern Territory.
Referendum (Machinery Provisions) Act 1984
46 Subsection 3(1) (definition of Australian Capital Territory)
After “includes”, insert “Norfolk Island and”.
47 Section 3B
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
48 Section 98A
Repeal the section.
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Norfolk Island electoral arrangements Schedule 4
Transitional provisions Part 2
Part 2—Transitional provisions
49 Definitions
In this Part:
commencement time means the commencement of Part 1 of this
Schedule.
responsible Commonwealth Minister has the same meaning as in the
Norfolk Island Act 1979.
rules means rules made under subitem 60(1).
50 Norfolk Island taken to be included in Australian Capital Territory Division
Until the first distribution or redistribution of the Australian Capital
Territory that is determined under subsection 73(1) or 76(6) of the
Commonwealth Electoral Act 1918, and that takes effect on or after the
commencement time, the whole of Norfolk Island is taken to be
included in the Division in the Australian Capital Territory that does not
include the Jervis Bay Territory.
51 Action in relation to enrolments on State and Northern Territory Rolls
(1) This item applies if, immediately before the commencement time, a
person’s name is on the Roll (the old Roll) for a Division in a State or
the Northern Territory because of subsection 95AA(2) or (3) of the
Commonwealth Electoral Act 1918 (as in force immediately before the
commencement time).
(2) The Electoral Commissioner must:
(a) transfer the person’s name by:
(i) deleting the person’s name from the old Roll; and
(ii) deleting the annotation made under section 95AC of the
Commonwealth Electoral Act 1918 (as in force
immediately before the commencement time) in respect
of the person’s name from the old Roll; and
(iii) entering the person’s name and other particulars
required by section 83 of the Commonwealth Electoral
Act 1918 on the Roll (the new Roll) for the Division in
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Schedule 4 Norfolk Island electoral arrangements
Part 2 Transitional provisions
the Australian Capital Territory that does not include the
Jervis Bay Territory; and
(b) notify the person in writing of the actions taken under
paragraph (a).
(3) However, if the Electoral Commissioner is satisfied that the person is
not entitled to be enrolled on the new Roll:
(a) subitem (2) does not apply; and
(b) the Electoral Commissioner must delete the annotation made
under section 95AC of the Commonwealth Electoral Act
1918 (as in force immediately before the commencement
time) in respect of the person’s name from the old Roll; and
(c) if the rules require or permit the Electoral Commissioner to
take specified action in relation to the person’s enrolment, the
Electoral Commissioner must or may (as the case may be)
take that action; and
(d) the Electoral Commissioner must notify the person in writing
of:
(i) the action taken under paragraph (b); and
(ii) any action taken under paragraph (c).
(4) Despite subitem (2), the Electoral Commissioner must not take an
action under paragraph (2)(a) within a period:
(a) starting at 8 pm on the day of the close of the new Roll for an
election to be held in the Division in the Australian Capital
Territory that does not include the Jervis Bay Territory; and
(b) ending on the close of the poll for the election.
(5) Despite subitem (3), the Electoral Commissioner must not take an
action under paragraph (3)(b) or (c) in relation to a Roll for a Division
within a period:
(a) starting at 8 pm on the day of the close of the Roll for an
election to be held in the Division; and
(b) ending on the close of the poll for the election.
52 Action in relation to enrolments on Australian Capital Territory Roll
(1) This item applies if, immediately before the commencement time, a
person’s name is on the Roll for the Division in the Australian Capital
Territory that does not include the Jervis Bay Territory because of
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subsection 95AA(3) of the Commonwealth Electoral Act 1918 (as in
force immediately before the commencement time).
(2) The Electoral Commissioner:
(a) must alter the person’s enrolment by deleting the annotation
made under section 95AC of the Commonwealth Electoral
Act 1918 (as in force immediately before the commencement
time) in respect of the person’s name from the Roll; and
(b) may make any additions, alterations or corrections to the Roll
that are necessary to ensure that the Roll contains the
person’s particulars as required by section 83 of the
Commonwealth Electoral Act 1918; and
(c) must notify the person in writing of:
(i) the action taken under paragraph (a); and
(ii) any action taken under paragraph (b).
(3) However, if the Electoral Commissioner is satisfied that the person is
not entitled to be enrolled for the Division in the Australian Capital
Territory that does not include the Jervis Bay Territory:
(a) subitem (2) does not apply; and
(b) the Electoral Commissioner must delete the annotation made
under section 95AC of the Commonwealth Electoral Act
1918 (as in force immediately before the commencement
time) in respect of the person’s name from the Roll; and
(c) if the rules require or permit the Electoral Commissioner to
take specified action in relation to the person’s enrolment, the
Electoral Commissioner must or may (as the case may be)
take that action; and
(d) the Electoral Commissioner must notify the person in writing
of:
(i) the action taken under paragraph (b); and
(ii) any action taken under paragraph (c).
(4) Despite subitem (2), the Electoral Commissioner must not take an
action under paragraph (2)(a) or (b) within a period:
(a) starting at 8 pm on the day of the close of the Roll for an
election to be held in the Division in the Australian Capital
Territory that does not include the Jervis Bay Territory; and
(b) ending on the close of the poll for the election.
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(5) Despite subitem (3), the Electoral Commissioner must not take an
action under paragraph (3)(b) or (c) in relation to a Roll for a Division
within a period:
(a) starting at 8 pm on the day of the close of the Roll for an
election to be held in the Division; and
(b) ending on the close of the poll for the election.
53 Electronic notification—notices under items 51 and 52
A notice may be given under item 51 or 52 of this Schedule by an
electronic communication as defined in the Electronic Transactions Act
1999, whether or not the person consents as described in
paragraph 9(2)(d) of that Act. This does not limit the ways in which the
notice may be given.
54 Delegation by Electoral Commissioner
(1) The Electoral Commissioner may, in writing, delegate all or any of his
or her powers or functions under item 51 or 52 of this Schedule to any
of the following:
(a) any officer;
(b) any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and
Divisional Returning Officers, as well as various other people.
(2) In exercising powers or performing functions delegated under
subitem (1), the delegate must comply with any directions of the
Electoral Commissioner.
55 Early claims for enrolment
If:
(a) a claim for enrolment is made during the 8-week period
ending at the commencement time; and
(b) when the claim is made, the claimant lives in Norfolk Island;
and
(c) assuming that the claim had been made immediately after the
commencement time, it would have been in accordance with
the Commonwealth Electoral Act 1918;
the claim is taken to have been made immediately after the
commencement time.
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56 Additions etc. to new Rolls
Section 87 of the Commonwealth Electoral Act 1918 applies as if the
reference in that section to action taken under section 103A or 103B of
that Act included a reference to action taken under item 51 or 52 of this
Schedule.
57 Disclosures or communications to courts
Section 390 of the Commonwealth Electoral Act 1918 applies as if:
(a) the reference in paragraph 390(1)(a) to a copy of a notice
given under section 103A or 103B or anything received in
response to a notice given under subsection 103A(2) or
103B(2) of that Act included a reference to a copy of a notice
given under item 51 or 52 of this Schedule or anything
received in response to a notice given under item 51 or 52 of
this Schedule; and
(b) the reference in subparagraph 390(1)(b)(ii) to anything done
under subsection 103A(2), (3), (4) or (6), or
subsection 103B(2), (3), (4) or (6) of that Act included a
reference to anything done under item 51 or 52 of this
Schedule.
58 Notices relating to enrolment etc. not to be subject to warrants
Section 390A of the Commonwealth Electoral Act 1918 applies as if the
reference in subsection 390A(1) to a copy of a notice given under
section 103A or 103B, or anything received in response to a notice
given under subsection 103A(2) or 103B(2) of that Act, included a
reference to a copy of a notice given under item 51 or 52 of this
Schedule or anything received in response to a notice given under
item 51 or 52 of this Schedule.
59 Changes to rolls for voting at referendums
For the purposes of voting at a referendum, a name must not be deleted
from a Roll or entered on a Roll under item 51 or 52 of this Schedule
during a suspension period for the referendum (within the meaning of
subsection 4(2) of the Referendum (Machinery Provisions) Act 1984).
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60 Transitional rules
(1) The responsible Commonwealth Minister may, by legislative
instrument, make rules prescribing matters:
(a) required or permitted by this Part to be prescribed by the
rules; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The rules may prescribe 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.
(3) To avoid doubt, the 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) directly amend the text of this Act.
(4) This Act (other than subitem (3)) does not limit the rules that may be
made under subitem (1).
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Schedule 5—Application of Acts to Norfolk Island
Part 1—General amendments
Division 1—Amendments
Acts Interpretation Act 1901
1 Section 2B (definition of Australia)
After “includes”, insert “Norfolk Island,”.
2 Section 2B (definition of Commonwealth)
After “includes”, insert “Norfolk Island,”.
Norfolk Island Act 1979
3 Section 18
Repeal the section, substitute:
18 Application of Commonwealth Acts
(1) An Act or a provision of an Act extends to the Territory of its own
force except so far as the Act or another Act expressly provides
otherwise.
(2) Except as provided by this Act, an enactment has no effect so far as
it purports to affect the application of an Act or a provision of an
Act in or in relation to the Territory.
(3) Subsections (1) and (2) apply to Acts passed before, on or after
1 July 2016.
Division 2—Transitional provisions
4 Definitions
In this Division:
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responsible Commonwealth Minister has the same meaning as in the
Norfolk Island Act 1979.
transitional rules means rules made under item 5.
5 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 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) directly amend the text of this Act.
(3) Transitional rules made before 1 July 2017 may provide that this Act or
any other Act or instrument has effect with any modifications
prescribed by the transitional rules.
(4) Subsection 12(2) (retrospective application of legislative instruments)
of the Legislation Act 2003 does not apply to transitional rules made
before 1 July 2017.
6 Constitutional safety net
(1) If the operation of this Schedule or the transitional rules 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.
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7 Constitutional limits
This Schedule has no effect to the extent (if any) to which it imposes
taxation.
8 Power to make Ordinances
This Division does not, by implication, limit the matters that may be
dealt with by Ordinances under section 19A of the Norfolk Island Act
1979.
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Part 2—Specific amendments
Agricultural and Veterinary Chemicals Act 1994
9 Section 4 (after paragraph (a) of the definition of participating Territory)
Insert:
(aa) Norfolk Island; or
10 Section 4 (definition of Territory)
Omit “Norfolk Island,”.
Australian Capital Territory (Self-Government) Act 1988
11 Subsection 69(1)
After “the Northern Territory,”, insert “Norfolk Island,”.
Australian National Preventive Health Agency Act 2010
12 Section 5
Omit “other than Norfolk Island”.
Australian Postal Corporation Act 1989
13 Section 8 (heading)
Repeal the heading, substitute:
8 Extension of Act to external Territories
14 Section 8
Omit “(other than Norfolk Island)”.
15 Subsection 9(4) (definition of Territory)
Repeal the definition.
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16 Subsection 27(5) (definition of Australia)
After “includes”, insert “Norfolk Island,”.
Australian Securities and Investments Commission Act 2001
17 After subsection 4(1)
Insert:
(1A) Subject to paragraph (1)(c), this Act does not apply in Norfolk
Island, the Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands.
(1B) For the purposes of subsection (1A), it does not matter whether
paragraph (1)(c) operates because of regulations made before, on
or after the commencement of that subsection.
Bankruptcy Act 1966
18 Subsection 5(1)
Insert:
Australia, when used in a geographical sense, does not include
Norfolk Island.
Territory of the Commonwealth means a Territory referred to in
section 122 of the Constitution, other than Norfolk Island.
19 At the end of Part IB
Add:
9A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Bankruptcy (Estate Charges) Act 1997
20 After section 3
Insert:
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3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Broadcasting Services Act 1992
21 After section 10
Insert:
10AA Operation in relation to Norfolk Island
The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Broadcasting Services (Transitional Provisions and
Consequential Amendments) Act 1992
22 At the end of Part 1
Add:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Business Names Registration Act 2011
23 Section 3 (after paragraph (b) of the definition of affected Territory)
Insert:
(ba) Norfolk Island; and
24 Section 3 (definition of Australia)
Repeal the definition.
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Competition and Consumer Act 2010
25 Section 151AC
Before “This Part”, insert “(1)”.
26 At the end of section 151AC
Add:
(2) The operation of this Part, and the other provisions of this Act so
far as they relate to this Part, in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
27 Section 152AE
Before “This Part”, insert “(1)”.
28 At the end of section 152AE
Add:
(2) The operation of this Part, and the other provisions of this Act so
far as they relate to this Part, in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Copyright Act 1968
29 Subsection 152(1) (definition of Australia)
After “external Territories”, insert “other than Norfolk Island”.
Cross-Border Insolvency Act 2008
30 Section 4
After “extend to”, insert “Norfolk Island,”.
31 Subsection 5(1) (definition of Australia)
After “include”, insert “Norfolk Island,”.
32 Subsection 7(2) (note)
After “includes”, insert “Norfolk Island,”.
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Customs Licensing Charges Act 1997
33 After section 3
Insert:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Customs Securities (Penalties) Act 1981
34 After section 3
Insert:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Customs Tariff Act 1995
35 After section 3
Insert:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Customs Tariff (Anti-Dumping) Act 1975
36 After section 6
Insert:
6A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
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Customs Undertakings (Penalties) Act 1981
37 After section 3
Insert:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Do Not Call Register Act 2006
38 Section 4 (definition of Australia)
Repeal the definition, substitute:
Australia means the Commonwealth of Australia and, when used
in a geographical sense, includes the eligible Territories, but does
not include any other external Territory.
39 Section 8
Before “This Act”, insert “(1)”.
40 At the end of section 8
Add:
(2) This Act does not extend to Norfolk Island unless it is prescribed.
Education Services for Overseas Students Act 2000
41 After section 4B
Insert:
4C Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
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Equal Employment Opportunity (Commonwealth
Authorities) Act 1987
42 Subsection 3(1) (definition of Australia)
Repeal the definition.
43 Section 4
Repeal the section.
Excise Act 1901
44 Subsection 4(1) (before paragraph (a) of the definition of Australia)
Insert:
(aa) Norfolk Island; or
Export Control Act 1982
45 Before paragraph 4A(1)(a)
Insert:
(aa) Norfolk Island;
46 Subsection 4A(2)
Omit “either or both of the Territories”, substitute “one or more of the
Territories”.
47 Subsection 23(1A) (definition of Australia)
After “does not include”, insert “Norfolk Island,”.
48 Subsection 23(1AA)
After “goods to be exported from”, insert “Norfolk Island,”.
49 Subsection 23(1AA)
After “goods are from”, insert “the ‘Australian Territory of Norfolk
Island’,”.
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Fair Entitlements Guarantee Act 2012
50 At the end of Part 1
Add:
9A Rules may modify application of this Act in Norfolk Island
(1) The Minister may, by legislative instrument, make rules
prescribing modifications of this Act or the regulations for their
application in relation to Norfolk Island.
(2) To avoid doubt, the 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) directly amend the text of this Act or the regulations.
(3) If the rules prescribe modifications of this Act or the regulations
for their application in relation to Norfolk Island, then this Act or
the regulations have effect as so modified in relation to Norfolk
Island.
Note: This Act and the regulations would, in the absence of any such rules,
apply in relation to Norfolk Island in the same way as they apply in
relation to the rest of Australia.
Fair Work Act 2009
51 Section 12
Insert:
Australia means the Commonwealth of Australia and, when used
in a geographical sense, includes Norfolk Island, the Territory of
Christmas Island and the Territory of Cocos (Keeling) Islands, but
does not include any other external Territory.
Commonwealth means the Commonwealth of Australia and, when
used in a geographical sense, includes Norfolk Island, the Territory
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of Christmas Island and the Territory of Cocos (Keeling) Islands,
but does not include any other external Territory.
52 Section 12 (note at the end of the definition of connected with a Territory)
Repeal the note, substitute:
Note: In this context, Australia includes Norfolk Island, the Territory of
Christmas Island and the Territory of Cocos (Keeling) Islands (see the
definition of Australia).
53 Subsection 14(1) (note 1)
Repeal the note, substitute:
Note 1: In this context, Australia includes Norfolk Island, the Territory of
Christmas Island and the Territory of Cocos (Keeling) Islands (see the
definition of Australia in section 12).
54 Subsection 31(1) (note 1)
Repeal the note, substitute:
Note 1: In this context, Australia includes Norfolk Island, the Territory of
Christmas Island, the Territory of Cocos (Keeling) Islands and the
coastal sea (see the definition of Australia in section 12 of this Act
and section 15B of the Acts Interpretation Act 1901).
55 After section 32
Insert:
32A Rules may modify application of this Act in Norfolk Island
(1) The Minister may, by legislative instrument, make rules
prescribing modifications of this Act for its application in relation
to Norfolk Island.
(2) To avoid doubt, the 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;
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(e) directly amend the text of this Act.
(3) If the rules prescribe modifications of this Act for its application in
relation to Norfolk Island, then this Act has effect as so modified in
relation to Norfolk Island.
Note: This Act would, in the absence of any such rules, apply in relation to
Norfolk Island in the same way as it applies in relation to the rest of
Australia.
56 Subsection 792(1)
After “under this Act”, insert “(except under section 32A)”.
Federal Proceedings (Costs) Act 1981
57 Subsection 3(1) (definition of Territory)
Omit “or Norfolk Island”.
58 Section 5
Omit “except Norfolk Island”.
Gene Technology Act 2000
59 Section 7
Omit “other than Norfolk Island”.
Health Insurance Commission (Reform and Separation of
Functions) Act 1997
60 Section 8
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Hearing Services and AGHS Reform Act 1997
61 Section 7
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Imported Food Charges (Collection) Act 2015
62 Section 5
After “does not extend to”, insert “Norfolk Island,”.
Imported Food Charges (Imposition—Customs) Act 2015
63 Section 4
After “does not extend to”, insert “Norfolk Island,”.
Imported Food Charges (Imposition—Excise) Act 2015
64 Section 4
After “does not extend to”, insert “Norfolk Island,”.
Imported Food Charges (Imposition—General) Act 2015
65 Section 4
After “does not extend to”, insert “Norfolk Island,”.
Imported Food Control Act 1992
66 At the end of section 4
Add:
(3) This Act does not extend to Norfolk Island unless regulations made
for the purposes of this subsection provide that the Act is to extend
to that Territory.
Import Processing Charges Act 2001
67 After section 3
Insert:
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
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Independent Contractors Act 2006
68 At the end of Part 1
Add:
5A Rules may modify application of this Act in Norfolk Island
(1) The Minister may, by legislative instrument, make rules
prescribing modifications of this Act or the regulations for their
application in relation to Norfolk Island.
(2) To avoid doubt, the 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) directly amend the text of this Act or the regulations.
(3) If the rules prescribe modifications of this Act or the regulations
for their application in relation to Norfolk Island, then this Act or
the regulations have effect as so modified in relation to Norfolk
Island.
Note: This Act and the regulations would, in the absence of any such rules,
apply in relation to Norfolk Island in the same way as they apply in
relation to the rest of Australia.
Industry Research and Development Act 1986
69 Subsection 4(1)
Insert:
Australia has the same meaning as in the Income Tax Assessment
Act 1997.
70 Section 5
Repeal the section, substitute:
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5 Application
This Act extends to every external Territory referred to in the
definition of Australia.
71 Paragraph 28D(2)(a)
Omit “or an external Territory”.
72 Subsection 28D(4)
Omit “or the external Territories” (wherever occurring).
73 Paragraphs 28D(5)(b) and (d)
Omit “and the external Territories”.
Insurance Contracts Act 1984
74 Subsection 6(1)
Omit “an external Territory”, substitute “Norfolk Island, the Territory
of Christmas Island and the Territory of Cocos (Keeling) Islands, and to
any other external Territory”.
Motor Vehicle Standards Act 1989
75 Subsection 5(1) (before paragraph (a) of the definition of Australia)
Insert:
(aa) Norfolk Island; or
National Land Transport Act 2014
76 Subsection 4(1) (definition of Indian Ocean Territory)
Repeal the definition.
77 Subsection 4(1)
Insert:
relevant external Territory means:
(a) Norfolk Island; or
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(b) the Territory of Christmas Island; or
(c) the Territory of Cocos (Keeling) Islands.
78 Paragraphs 10(a), (c), (e) and (f)
Omit “Indian Ocean Territory”, substitute “relevant external Territory”.
Passenger Movement Charge Collection Act 1978
79 Section 3 (definition of Australia)
Repeal the definition.
80 Section 3 (before paragraph (a) of the definition of external Territory)
Insert:
(aa) Norfolk Island; or
Plant Breeder’s Rights Act 1994
81 After section 9A
Insert:
9B Extension to Norfolk Island
This Act does not extend to Norfolk Island unless the regulations
prescribe.
Protection of Movable Cultural Heritage Act 1986
82 Subsection 3(1) (definition of Australia)
Omit “other than Norfolk Island”.
83 Section 6
Omit “other than Norfolk Island”.
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Public Order (Protection of Persons and Property) Act 1971
84 Subsection 4(1) (after paragraph (a) of the definition of Territory)
Insert:
(aa) Norfolk Island; or
Road Safety Remuneration Act 2012
85 After section 15
Insert:
15A Rules may modify application of this Act in Norfolk Island
(1) The Minister may, by legislative instrument, make rules
prescribing modifications of this Act or the regulations for their
application in relation to Norfolk Island.
(2) To avoid doubt, the 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) directly amend the text of this Act or the regulations.
(3) If the rules prescribe modifications of this Act or the regulations
for their application in relation to Norfolk Island, then this Act or
the regulations have effect as so modified in relation to Norfolk
Island.
Note: This Act and the regulations would, in the absence of any such rules,
apply in relation to Norfolk Island in the same way as they apply in
relation to the rest of Australia.
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Telecommunications Act 1997
86 Section 10
Before “This Act”, insert “(1)”.
87 At the end of section 10
Add:
(2) The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Telecommunications (Carrier Licence Charges) Act 1997
88 Section 4
Before “This Act”, insert “(1)”.
89 At the end of section 4
Add:
(2) The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Telecommunications (Industry Levy) Act 2012
90 Section 4B
Before “This Part”, insert “(1)”.
91 Section 4B
Omit “section 10”, substitute “subsection 10(1)”.
92 At the end of section 4B
Add:
(2) The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
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Telecommunications (Interception and Access) Act 1979
93 At the end of Part 1-1
Add:
4B Application to Norfolk Island
(1) This Act does not extend to Norfolk Island.
(2) Subsection (1) ceases to be in force when the Telecommunications
Act 1992 (Norfolk Island) is repealed.
Note: Once subsection (1) ceases to be in force this Act will extend to
Norfolk Island because of section 18 of the Norfolk Island Act 1979.
Telecommunications (Numbering Charges) Act 1997
94 Section 4
Before “This Act”, insert “(1)”.
95 At the end of section 4
Add:
(2) The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Telecommunications (Transitional Provisions and
Consequential Amendments) Act 1991
96 At the end of section 3
Add:
(3) The operation of this Part in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Territories Legislation Amendment Act 2016 No. 33, 201644
Authorised Version C2016A00033
Application of Acts to Norfolk Island Schedule 5
Specific amendments Part 2
Telecommunications (Transitional Provisions and
Consequential Amendments) Act 1997
97 At the end of Part 1
Add:
2A Application in relation to Norfolk Island
The operation of this Act in relation to Norfolk Island is not
affected by the amendments made by Division 1 of Part 1 of
Schedule 5 to the Territories Legislation Amendment Act 2016.
Tradex Duty Imposition (Customs) Act 1999
98 After section 2
Insert:
2A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Tradex Duty Imposition (Excise) Act 1999
99 After section 2
Insert:
2A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
Tradex Duty Imposition (General) Act 1999
100 After section 2
Insert:
2A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
No. 33, 2016 Territories Legislation Amendment Act 2016 45
Authorised Version C2016A00033
Schedule 5 Application of Acts to Norfolk Island
Part 2 Specific amendments
Water Efficiency Labelling and Standards Act 2005
101 Section 5
Omit “other than Norfolk Island”.
Workplace Gender Equality Act 2012
102 Subsection 3(3)
Repeal the subsection.
103 Section 4
Repeal the section.
Territories Legislation Amendment Act 2016 No. 33, 201646
Authorised Version C2016A00033
Nature of Norfolk Island Regional Council Schedule 6
Schedule 6—Nature of Norfolk Island Regional Council
Norfolk Island Legislation Amendment Act 2015
1 Item 17 of Schedule 2 (definition of Norfolk Island Regional Council)
Omit “corporate”.
[Minister’s second reading speech made in—
House of Representatives on 24 February 2016
Senate on 16 March 2016]
(18/16)
No. 33, 2016 Territories Legislation Amendment Act 2016 47