Norfolk Island Legislative Assembly

The Norfolk Island Legislative Assembly

Any laws passed by the Norfolk Island Legislative Assembly must be approved by the administrator before they become laws. The inconsistency of the laws of the Legislative Assembly with the old decrees. Another visit to the Norfolk Island election campaign topics on the initiative of the federal government. Any laws passed by the Norfolk Island Legislative Assembly must be approved by the administrator before they become laws. Norfolk Island Legislative Assembly and Self.

**spspan class="mw-headline" id="Membership">Mitgliedschaft[edit]

Norfolk Legislative Assembly was the most important legislative organ of Norfolk Island from 1979 to 2015. Established after the adoption of the Norfolk Island Act 1979 in the Australia House of Representatives, the first members were appointed on 10 August 1979[1] The last Assembly was the Fourteenth and was appointed on 13 March 2013[2][3] On 17 June 2015, the Australia authorities abrogated the Assembly and ended self-government on the island.

The Norfolk Island Regional Council, a highly limited power territorial authority, was set up in July 2016 to run the island's administration at a municipal scale. It consisted of 9 members chosen for a three-year period of office. A referendum was held to elect the Assembly for a maximum three years.

The nine residences were all owned by independent people because Norfolk Island did not have any large partying. But there was a grassroots affiliate of the Australian Labour Party. Snell' s ouvertures and a non-binding island plebiscite were without success, and the Assembly last convened on 17 June 2015.

Following a transitional time of more than a year, the creation of the Norfolk Island Regional Council on 1 July 2016 formally restored the authority of the Norfolk Island Regional Council, while the Commonwealth continues to rule the island in all but locally.

The Norfolk Island Law 1979

That law can be quoted as the Norfolk Island Act 1979. Norfolk Island Act 1957 and Norfolk Island Act 1963 are hereby repealed. a. Current trustee is a nominated in accordance with section 8 to act as trustee. A caretaker is the caretaker of the territory designated under this Act and including a member who acts as an caretaker under this Act.

The role of the Chief Executive Officer is the same as under the Public Sector Management Act 2000 of Norfolk Island. The Chief Justice is the Chief Justice of the Supreme Court. The Prime Minister shall be the Prime Minister designated in accordance with Section 13. Orders of the Minister of Finance of the Commonwealth mean orders given in accordance with Section 48T. The Commonwealth Financial Officer for Norfolk Island is the Commonwealth Financial Officer for Norfolk Island designated in accordance with the provisions adopted for the purpose of Section 51D.

The Commonwealth Gazette means the Commonwealth of Australia Gazette. The Commonwealth Minister is a Minister of State of the Commonwealth. The vice-chairman of the Legislative Assembly is the vice-chairman. Adoption means: a) a statute (however described or authorized) adopted by the Legislative Assembly and approved under that statute; c) an ordinance that remains in effect by that statute.

The Executive Council is the Executive Council of Norfolk Island. c) the orders of the Minister of Finance of the Commonwealth. The judge shall be a Judge of the Supreme Court (including the Chief Justice). The Legislative Assembly is the Legislative Assembly of Norfolk Island. The minister said b ) a minister designated in accordance with Section 13. The Minister of Finance is the Minister in charge of managing the public account on the island of Norfolk:

b ) monies that are in the care or under the supervision of a persons who act for or on account of a territorial authorities in relation to the care or supervision of the monies; and the monies that are fiduciary for a persons other than a territorial authorities or in any other way for that persons benefact.

The Norfolk Island Public Service Values are the standards required by law for the purpose of Subpart 61A(1) of the Auditor General Act 1997: b ) Ownership which is in the care or under the supervision of a party who acts for or on account of a territorial authorities in relation to the care or supervision of the ownership, inclusive of such goods which are hold in a fiduciary capacity for or on account of a party other than a territorialbehörden.

The Norfolk Island Government Account is the Government Account of Norfolk Island created by Subpart 47(1): b ) funds in safekeeping or under the supervision of a persons who acts for or on the administration's behalf in relation to the safekeeping or supervision of the funds; and shall comprise such funds hold in a fiduciary capacity for a persons other than the administration or otherwise for another persons, but shall not involve the funds credited to the Norfolk Island Provident Account loan set up by Norfolk Island under the Provident Account Act 1958 which is the publicsector ownership of the Territorial Funds:

b ) Ownership in the care or under the supervision of a party who acts for or on the administration's behalf with regard to the care or supervision of the ownership; includes such ownership as may be fiduciary to a party other than the administration or otherwise administered for the advantage of a party other than the administration.

Spokesman is the Speaker of the Legislative Assembly. The Supreme Court is the Supreme Court of Norfolk Island to which reference is made in Section 52. Norfolk Island, i.e. the Norfolk Island area as described in Appendix 1. Territorial Authenticity: The company has the same significance for the purpose of this interpretation as in the Income Tax Assessment Act 1997, but does not involve a natural person.

The Administration is a political organ with eternal successor under the name of the Administration of Norfolk Island. 3. The administration of Norfolk Island under that name shall be able, except as provided in this Act: 1. The liquidator shall carry out all the duties and duties which are part of his duties or delegated to him by the laws in force in the territory, in accordance with the operative part of his Commission and:

a) in respect of a case which he considers to be a case listed in Annex 2 - in accordance with such deliberation as the Executive Council gives him; b) in respect of a case which he considers to be a case listed in Annex 3 - in accordance with the recommendation of the Executive Council;

c) if this Act provides that he or she shall act on the recommendation of the Executive Council or the Legislative Assembly in accordance with this Council; e) in all other cases in accordance with the directions given to him or her by the competent Commonwealth Minister, as appropriate.

2. Notwithstanding the provisions of subparagraphs (1) (a) and (b), if the Executive Council recommends the manager to take or not take certain measures in respect of a subject to the application of subparagraphs (1) (a) or (b) and such Council is incompatible with the directions of the competent Minister of the Commonwealth in accordance with subparagraph (3), the manager may not take or not omit such measures.

3. For the purpose of the provisions of paragraph 2, the competent Commonwealth Minister may give instruction to the Secretary in relation to counsel given to the Secretary for the purpose of either subparagraph 1(a) or (b) and may give the Secretary in relation to the transmission of such counsel to the competent Commonwealth Minister.

b ) during any or all of the time frames in which the Administrator: 2. The exercising of the manager³s authority and duties under this Section by a member of the public during the manager³s absences from the service or the area shall not influence the exercising of any authority or duties by the manager.

The competent Commonwealth Minister may nominate one or more individuals, together or individually, as alternates to the Administrator in the territory and, in that capacity, shall perform the duties and duties of the Administrator which the competent Commonwealth Minister shall assign to the Deputy(s) during the time of the amusement of the competent Commonwealth Minister.

2. The appointing of a proxy shall not influence the administrator's exercising of any authority or position. 3. A referral in a Commonwealth Act to a Norfolk Island Assistant Administrator shall be a referral to a substitute Administrator. Acknowledgement of the administrator, etc.

1. Before taking up the responsibilities of his post, the liquidator and an acting liquidator shall take and sign an affidavit or confirmation in accordance with the standard sheet in Appendix 4. 2. Before carrying out any authority or functions under his authority or functions, a representative of the liquidator shall take and sign an affidavit or declaration in accordance with the standard in Appendix 4.

b ) the other Ministers nominated by the Administrator in accordance with Section 13. 3. The administrator shall be authorised to participate in all sessions of the Executive Board and shall chair all sessions at which he is present. 4. If the administrator is not present at a session of the Executive Board, the members of the Executive Board present shall choose the Chair from among them.

5. The administrator may bring any issue to the Executive Board for consideration by the Executive Board. 6. The Executive Board shall be called by the Administrator and not otherwise. 7. The administrator may call a session of the Executive Board at any moment and shall call a session at the request of 3 or more members of the Executive Board.

b) at least one and at most three other Ministers of the territory. 2. The affairs for which the Ministers have power of execution shall be those referred to in Annexes 2 and 3. 3. A State or Commonwealth civil servant shall not be entitled to become Minister and a State minister shall vacate his or her post if he or she is so employe.

4. For the purpose of paragraph (3), a who:: c) is engaged as an official or salaried worker under a Territory or Commonwealth Civil Service Act to which none of the terms of this Act shall be applicable; shall be considered as an salaried worker in the Territory or Commonwealth Civil Service, as the case may be.

At the first session of the legislative assembly after universal suffrage, the members present shall, after the appointment of a spokesperson and a deputy spokesperson and before all other matters of any of their members, appoint themselves Prime Ministers. 2. If a post in the Prime Minister's post is vacant (other than pursuant to subparagraph 14 (1) (e) or (f)), then:

b ) if the position arises at another date, the speaker shall call a session of the legislative assembly as soon as possible and the members present shall appoint one of their members as chairman. 3. If a decision of no good faith is taken against the Prime Minister, the members present must appoint one of their members as Prime Minister.

4. The spokesperson or deputy spokesperson may not be appointed Prime Minister. If a member of the Legislative Assembly is appointed Chief Minister, the Legislative Assembly is deemed to have recommended to the Secretary that the member be appointed Chief Minister. 1. The liquidator may, on the recommendation of the Legislative Assembly, designate a member of the Legislative Assembly as Prime Minister.

The administrator may, on the recommendation of the Chief Minister, nominate one or more other ministers from among the members of the Legislative Assembly. N B: The number of other ministers is 3 - see sub-section 12(1). 3. An appointments under paragraphs (1) or (2) shall take effect on the date on which they are made or, if a later date is specified in the certificate of nomination, on that later date.

4. The spokesperson or deputy spokesperson may not be made minister in accordance with paragraph (2). 1. A candidate shall cease to be Prime Minister if: g ) the Legislative Assembly shall meet first after a general ballot of the Legislative Assembly which shall take place after the entry into force of its last nomination as Prime Minister, whichever comes first.

2. A member shall resign as Minister (with the exception of the Prime Minister) if: f ) the Legislative Assembly shall meet only after a general ballot of the Legislative Assembly which shall take place after the effective date of its last ministerial nomination, whichever comes first.

1. The liquidator may relieve the Chief Minister of his duties if, in the view of the liquidator, extraordinary conditions exist which warrant this. 2. The liquidator may recall a minister on the recommendation of the Prime Minister. oath or confirmation of the member of the Executive Council and the Minister, etc.

2. A ministerial appointee shall take and sign an affidavit or declaration in accordance with the standard in Appendix 6 before taking up his or her post. 3. A non-minister shall not participate in any session of the Executive Board unless, at any point after the last previous general elections to the Legislative Assembly, he or she has taken and signed an affidavit or confirmation in accordance with the format set out in Annex 7.

4. An affidavit or confirmation in accordance with this Section shall be given before the liquidator or a representative authorised by the liquidator. 1. The Prime Minister shall manage the affairs related to the administrative competences conferred on him by the Prime Minister from an occasional basis.

2. A Minister (with the exception of the Chief Minister) shall manage the affairs related to the administrative competences conferred upon him by the Chief Minister from times. The Prime Minister may authorize one or more Ministers to act on his or her own behalf. The Prime Minister may also authorize one or more Ministers to act on his or her own account.

1. Notwithstanding the waiver of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but without prejudice to this Act, all other legislation immediately preceding the beginning of this Section in or relating to the territory shall remain in effect. 2. In this section, statutes shall mean regulations enacted under the Norfolk Island Act 1957 and statutes enacted under such regulations or statutes that remain in effect.

1. A law or regulation of a law (whether adopted before or after the date of entry into this Section ), unless otherwise provided for by that law or another law, shall not be in effect as such in the territory, unless it is expressly extended to the territory. 2. A decree shall not prejudice the use of its own power in or in respect of the territory of a law or regulation of a law.

The legislative assembly's competence with regard to the adoption of legislation does not cover the adoption of laws: The Legislative Assembly shall have the right to pass laws: Paragraph 1 of Annex 2 shall not be used to restrict the powers of the Legislative Assembly to pass legislation that provides for the collection of revenue for any purpose other than those set out in this Annex.

Legislative Assembly's legislative powers also extend to the adoption of laws: 1. Any draft bill of the Legislative Assembly shall be submitted to the Secretary for approval. 2. When submitting a bill to the liquidator for approval, the liquidator shall, without prejudice to this section:

a) in the case of a draft bill which the administrator considers to be foreseen only for or in respect of the issues listed in Appendix 2 or 3 or both: The administrator may send the suggested bill back to the Legislative Assembly with the changes recommended by him.

The Legislative Assembly shall examine the changes suggested by the Secretary and the suggested Act, with or without changes, may be resubmitted to the Secretary for approval and section (2) shall apply mutatis mutandis. 5. In the case of a draft bill which the manager considers to be intended only for or in respect of the issues set out in Appendix 2, the manager may not act in accordance with section (2)(a) or sub-section (3), except in accordance with the Council of the Executive Council and the directions (if any) of the competent Commonwealth Minister.

In the event of a conflict between the Council of the Executive Council and the directives of the competent Commonwealth Minister, the directives of the competent Commonwealth Minister shall apply to the scope of the conflict. 6. In the case of a draft bill which the Administrator considers to provide only for the issues set out in Appendix 3 or Appendices 2 and 3, the Administrator may not act in accordance with subparagraph 2(a) or subparagraph 3, unless he follows the orders of the competent Secretary of the Commonwealth.

If it is not feasible to comply with the provisions of section (a) because there is no deputy spokesperson or the deputy spokesperson is not present on the territory, the matter shall be brought before the Legislative Assembly as soon as possible after the date specified in section (a). 2. If a dispatch is sent to the Chairman or the Vice-Chairman in accordance with para. 1, it shall be presented to the Legislative Assembly at its next session thereafter.

A decree on the use of the territory's official funds shall not be suggested in the Legislative Assembly, unless it has been commended at some point after the last general elections to the Legislative Assembly by the Administrator's notification to the Legislative Assembly. Please note: See also Section 48 (Payouts from Norfolk Island Bank Account).

4. A Regulation adopted pursuant to paragraph (3) may authorise the liquidator, provided that the competent Commonwealth Minister instructs him to do such things and to give such orders as are necessary or expedient to ensure that the expenses authorised by the Regulation are properly incurred.

to repeal a Regulation adopted by it in accordance with this Section. 7. A revenue collection Regulation adopted pursuant to this Section shall require the revenue generated by the Regulation to be used for one or more ends defined in the Regulation.

2. A Regulation shall be submitted to each House of Parliament within 15 working days of the adoption of this Regulation and shall, if not adopted before each House of Parliament, lapse. 3. If, on the basis of a request announced before this House within 15 working days of the adoption of a regulation, a Parliament decides not to approve the regulation or part of it, the regulation or part of it shall lapse.

4. If, on the expiry of 15 working days after a request for rejection of a regulation or part of a regulation has been made in a House of Parliament, notification has been given within 15 working days after the regulation has been submitted to this House: b ) the application has been appealed for, agitated and supported and has not been revoked or otherwise ordered; the regulation specified in the application or part of it shall then be inadmissible.

5. If, before the end of 15 business hours following notification of an application for non-authorisation of a regulation or part of a regulation in a House of Parliament: ii ) the request has been appealed, agitated and supported and has not been revoked or otherwise ordered; for the purpose of paragraphs (3) and (4), the Regulation shall be considered filed on the first meeting of the first house after its liquidation, lapse or adjournment.

6. Where a Regulation is not authorised or is considered inadmissible under this Section or expires as a result of the application of paragraph (2), non-recognition of the Regulation or the application of paragraph (2) shall have the same effect in respect of the Regulation as a revocation of the Regulation.

Jurisdiction (b) the Regulation in question repeals in whole or in part any other Regulation or Act in force immediately before the entry into force of the Regulation in question; non-recognition of the regulation or application of Subpart (2) in respect of the regulation concerned shall have the effect of bringing this other regulation or regulation back into effect as if the regulation in question had not been adopted from the date of non-recognition or the date on which the regulation in question ceases to be in force as a result of that application of Subpart (2).

Paragraph (6) or (7) of a regulation shall be construed as a link to a part of a regulation, and a link in paragraph (7) to a statute shall have a corresponding significance. 1. Where a Regulation (hereinafter referred to as the Regulation in question) has been adopted, no Regulation containing a clause which corresponds in content to a clause of the Regulation may be adopted during the time limit laid down in paragraph (2), unless both Houses of Parliament authorise by decision the adoption of a Regulation containing a clause which corresponds in content to that of the Regulation.

2. The time limit provided for in paragraph (1) shall begin on the date on which the initial Regulation was adopted and shall end at the end of seven working day thereafter: a) if the initial Regulation was adopted before both Houses of Parliament on the same date pursuant to 28 (2); (c) if the initial Regulation was not adopted before both Houses - the last date on which paragraph 28 (2) could have been observed.

3. If a rule to the contrary of this Section is adopted, the rule shall have no effect. 1. Where a request for non-authorisation of a Regulation has been made in a Parliament within 15 working days of adoption of the Regulation, no Regulation may be adopted which contains a substantive rule identical to a rule of the first Regulation, unless:

a) the termination has been revoked; b) the ordinance is considered inadmissible pursuant to 28 para. 4; d) 28 para. 5 has been applicable with regard to the ordinance. b ) a request for rejection of the Regulation has been made to this House within 15 meetingdays from that day; a Regulation containing a substantive rule which is consistent with a rule of the first Regulation may be adopted only if it

c) the termination has been revoked; d) the Regulation is considered inadmissible pursuant to § 28 para. 4; f) § 28 para. 5 has been re-applied with respect to the Regulation. 3. If a rule to the contrary of this Section is adopted, the rule shall have no effect. The Regulation contains part of a Regulation.

Where a regulation or part of a regulation is not or is not considered to be admissible under 28 and a regulation containing a clause that is substantively consistent with or considered to be inadmissible is adopted within 6 month after the date of non-recognition, that clause shall have no effect, unless:

Parliament in which the application for non-authorisation of the Regulation or part of it was announced has decided to approve the creation of a rule which essentially corresponds to that rule which is considered inadmissible in the case of a Regulation or part of a Regulation which is considered inadmissible.

1. This Section means ordinances issued by a decree of the competent Commonwealth Minister containing the laws and bylaws thus enacted. 3. Subparagraphs 28(3) to (7), including, and paragraphs 28AA, 28AB and 28AC shall be applicable to and in respect of provisions submitted to a Parliament as if the reference in those Subparagraphs to a Regulation were a reference to provisions.

2. A mention in this section of a decree or regulation shall be construed as a recommendation to a statute adopted pursuant to a decree or regulation. There is a legislative assembly of the territory. 2 ) The Legislative Assembly shall be composed of 9 members, provided that the provisions are complied with.

3. The members of the Legislative Assembly shall be appointed in accordance with the provisions of this Act and the provisions adopted for the purpose of paragraphs (4) or (5). 4. The rules may provide for or concern the following points: 5. The rules may provide for or concern the following points:

a) the appointment of random members to the posts of members of the Legislative Assembly; b) issues related to or connected with the above-mentioned issue. Before taking up his duties, a member of the Legislative Assembly shall take and sign an affidavit or a declaration of loyalty in accordance with the standard sheet in Annex 8 and an affidavit or a certificate of official status in accordance with the standard sheet in Annex 9.

2. An affidavit or confirmation in accordance with paragraph (1) shall be given before the liquidator or a representative authorised by the liquidator. Writings for the elections of the members of the Legislative Assembly shall be drawn up by the Secretary. Except for this Act, the period of a member of the Legislative Assembly shall begin on the day of his or her election and shall end immediately before the next general elections of the members of the Legislative Assembly.

1. A general ballot of the members of the Legislative Assembly shall be made on a date fixed by the administrator. 1A ) Subpart (1) does not count for a general choice according to 39AB or to §99AC. 2. The time from the first session of the legislative assembly after a general election of the members of this assembly until the next subsequent general elections may not be less than 3 years and not more than 4 years.

However, if the next subsequent parliamentary elections are necessary pursuant to 39AB or 39AC, they may be conducted less than three years after the first session referred to in paragraph 2. The member of the Legislative Assembly may retire from his or her position by a letter he or she has autographed, which shall be handed over to the administrator or, if no speaker is present or the speaker is not present in the area, to the administrator.

In the name of the Administration, the Prime Minister may conclude an agreement pursuant to Section IA of the Commonwealth Electoral Act 1918 in respect of: b ) to fill random vacant posts in the office of members of the Legislative Assembly. Except as provided in Section 39, a nominee shall be considered a nominee for membership of the Legislative Assembly if, at the time of nomination:

d ) he or she has had the legally required residency qualification for the purpose of this subparagraph or, if no such waiver is in effect, has had his or her habitual abode in the territory for a five-year term immediately prior to the date of designation.

1. A nominee shall not be eligible for membership of the Legislative Assembly if, at the time of nomination: a) he or she is an indischarged debtor in bankruptcy; b) he or she has been sentenced and is sentenced to one year or more in prison for breach of the laws of the Commonwealth or of a State or Territory; d) he or she holds an official position or is appointed under a Commonwealth or Territory statute required for the purpose of this section.

2. A member of the Legislative Assembly shall resign from his or her duties if: e ) he or she accepts or consents to receive, directly or implicitly, compensation, an additional fee, a fee or a rewards for performances performed in the Legislative Assembly, except in accordance with Article 65. 3. A member of the Legislative Assembly who is a Contracting Party to the Commonwealth or the Administration or has a vested interest, directly or indirectly, in an agreement under which goods or provision of a service to the Commonwealth or the Administration shall not take part in a debate or voting on a subject in the Legislative Assembly if the subject or subject directly or indirectly refers to that agreement.

4. Any matter relating to the implementation of Subpart (3) shall be determined by the Legislative Assembly and any violation of this Subpart shall not prejudice the applicability of the measures taken by the Legislative Assembly. If a member of the Legislative Assembly is involved or is involved, the administrator may remove the member from office:

b ) end when the Legislative Assembly convenes after the general elections referred to in subparagraph (1); the Administrator: For the purpose of this Act, a notification under paragraph (1) shall be deemed to have been made on a given date at the last minute of that date.

8. A contract announcement referred to in paragraphs (1) or (4) is not a legal tool. 9 ) A proclamation under paragraph (5) is a legal tool, but 42 (non-recognition) of the 2003 Act does not cover the proclamation. If the Legislative Assembly is closed, a general ballot of the members of the Legislative Assembly shall be conducted on a date determined by the competent Commonwealth Minister by publication in the Commonwealth Gazette.

b ) end when the Legislative Assembly convenes after the first general elections of the Legislative Assembly held after the liquidation; the Administrator: 8. The competent Commonwealth Minister shall give an explanation for the dissolution: 9. A contract announcement referred to in paragraphs (2) or (5) is not a legal tool.

A proclamation under this section is a legal tool, but 42 (Non-recognition) of the Law on Legal Instruments 2003 does not cover the proclamation. for a six-month period immediately preceding the request. 2. A registration of a member whose name has been deleted from the register of electors pursuant to section 7(1)(b) or (c) of the Legislative Assembly Act 1979 (Norfolk Island) shall be open if, at the date of the request for registration, that person:

b ) has been present in the territory for 150 of the 240 preceding the request. Paragraph 7 A of the Law on the Legislative Assembly 1979 (Norfolkinsel), as in effect at the beginning of this paragraph, shall apply for the purpose of Subparagraph (2) of this paragraph as well as for the purpose of Paragraph 7 of the Law on the Legislative Assembly 1979 (Norfolkinsel).

This Section shall apply despite Subparagraphs 6(1) and (2) of the Legislative Assembly Act 1979 (Norfolk Island). An individual whose name appears on the voter register shall be eligible to stand for election at the legislative assembly meetings. Subpart (1) shall apply in supplement to the provisions of Section 7 of the Legislative Assembly Act 1979 (Norfolk Island).

This section: The voter's register is the voter's register mentioned in section 5 of the 1979 Law on the Legislative Assembly (Norfolkinsel). Returnee is a nominated under section 11 of the Law on the Legislative Assembly of 1979 (Norfolkinsel). The Legislative Assembly shall convene at least every two month.

The administrator shall call the first session of the legislative assembly after a general ballot of this assembly and shall then call a session of this assembly if so required by the decree of the number of members of this assembly. The administrator may call a session of the legislative assembly if, in his view, this is necessary to ensure that paragraph (1) is complied with.

At the first session of the legislative assembly after universal suffrage, the members present shall choose one of their members as chairman and another of their members as vice-chairman of the legislative assembly before beginning the posting of other busines. 2. In the case of a vacancy as spokesperson or deputy spokesperson, the members present at the next session of the Legislative Assembly after the vacancy shall vote before they begin the posting of another undertaking, one of their members as spokesperson or deputy spokesperson as appropriate.

a) the Legislative Assembly shall meet first after a general ballot of the Legislative Assembly held after his choice in accordance with this section; b) he or she shall resign from his or her position or her position by a letter he or she has autographed and notified to the Secretary; d) not less than five members of the Legislative Assembly shall elect him or her to be removed from office, first.

1. The Chairman shall chair all sessions of the Legislative Assembly in which he participates, except as provided in paragraph 39, paragraph 3, and the By-Laws. The Vice-Chairman shall chair, without prejudice to paragraph 39, paragraph 3, and the bylaws of the Legislative Assembly, if the Chairman is not present at a session of the Legislative Assembly or is not in a position to carry out his duties due to the activities of paragraph 39, paragraph 3.

3. If both the Chairperson and the Vice-Chairperson are not present at a session of the Legislative Assembly or are not in a position to carry out the duties of Chairperson due to the activities referred to in paragraph 39 (3), the members present shall choose a Chairperson from among them. 4. Five members of the legislative assembly shall be quorate, unless the decree provides otherwise.

5. Issues raised at a legislative assembly session shall be determined by a simple decision taken by a simple decision taken by a simple decision of the members present and casting part. The member chairing a session of the Legislative Assembly shall have only one advisory voice and, in the case of a tie on a matter, the answer to the issue shall be "no".

If there is a censure of the Prime Minister before the Legislative Assembly, the Legislative Assembly must consider this proposal before continuing with the dispatch of other matters. 1. A vote of no-confidence by the legislative assembly against the Prime Minister shall have no effect unless:

d ) the decision is taken by a simple majority of the members present and casting votes at the General Assembly. 2. If the Legislative Assembly votes on a censure of the Prime Minister, each member present at the Assembly shall be required to put the same.

If an individual who has claimed to be a member of the Legislative Assembly attends or votes in a session of the Legislative Assembly or a committee of the Legislative Assembly: b ) has resigned from his or her membership; anything done or allegedly done by the Legislative Assembly or this Committee shall be considered to have been done as if that individual had been a properly appointed member of the Legislative Assembly at that time.

The Legislative Assembly shall take note of its deliberations. Legislative Assembly may issue regulations concerning the order and management of its affairs and procedures which are not incompatible with any laws of the territory. 2. The reception, spending and supervision of the territory's official funds shall be governed by a decree.

4. Where a remission which provides for an increase in revenue provides for the revenue generated by the remission to be used for the general purposes of the issues referred to in Appendix 2, a segregated public bankroll shall be kept on Norfolk Island for all revenue resulting from this remission and any other remission to which this Subpart is applicable,

Under no circumstances, and without prejudice to paragraph 27(3), funds credited to this bankroll ( "including the proceeds from the deposit of such funds") may be spent or spent for anything other than the objects set out in Appendix 2. 5. Where a remission which provides for an increase in revenue provides that the revenue generated by the remission shall be used for a different objective from that set out in paragraph (4),

Norfolk Island shall keep a segregated public bank record in respect of all revenue to be used for that end under this Decree and any other Decree to which this Subpart is applicable and, without prejudice to paragraph 27(3), the funds credited to the bank record (including the proceeds from the deposit of such funds) may be spent or spent only for that end.

1. Norfolk Island's public account funds may not be spent or spent unless approved by a decree. 2. The funds in Norfolk Island's public account may be deposited in the way provided for by remission. 1. The Minister of Finance shall draw up each year' s budget:

b ) any local or regional body. b) the orders of the Minister of Finance of the Commonwealth. b ) if no provisions are in place for the purpose of subparagraph (a) - the orders of the Commonwealth Minister of Finance. 4. The Minister of Finance shall have a copy of each year' s expenditure presented to the Legislative Assembly as soon as possible after its establishment.

5. The Minister of Finance shall provide the Administrator with a copy of the relevant indicative programme budgets as soon as possible after the establishment of the general government budgets. 6. As soon as possible after receipt of a copy of the Jahresbudget, the Administrator shall forward a copy of the Jahresbudgets to the competent Commonwealth Minister.

1. The Minister of Finance shall draw up the accounts as soon as possible after the end of each year: the accounts shall be drawn up by the Minister of Finance: b ) any local or regional body. b) the orders of the Minister of Finance of the Commonwealth. 3. The Minister of Finance shall make the declarations to the Auditor General as soon as possible after their preparation.

4. If the Minister of Finance has not made the declarations to the Auditor General within five month of the end of the budget year, the Minister of Finance shall provide the Legislative Assembly with an explanation as to why the declarations were not received by the Auditor General within that time.

c) the manager. The Minister of Finance shall arrange for a copy of each of the reports to be presented to the Legislative Assembly as soon as possible after receipt of the copy of the same. 5. As soon as possible after receipt of a copy of a copy of a copy of the Commonwealth Minister must do so:

2. Where accounts which relate to a local or regional body are examined in accordance with Section 48C, the public administration shall be required to charge auditing fees on the basis of a fee schedule established by the general auditor. The Auditor General may collect in the name of the Commonwealth outstanding dues from a tribunal of competence.

b ) a local government. d ) if the document refers to a local government, provide a copy of the document to the competent executive or executive of the government. The Auditor General may provide a copy or an excerpt of the reports to any individual (including a Norfolk Island Minister or a Commonwealth Minister) who, in the Auditor General's view, has a particular interest in the reports or the contents of the excerpt.

4. As soon as possible after receipt of a copy of the said reports, the Minister of Finance shall arrange for a copy of the said reports to be presented to the Legislative Assembly. The auditor-in-chief shall provide the managing director with a copy of the management board after the preparation of a management review according to § 48e.

2. After the preparation of a local government auditor's review under section 48E, the general auditor shall provide a copy of the review to the head (s) of the competent authorities. 3. After the preparation of an examination under Section 48E, the Auditor General may provide a copy of the said examination or an excerpt from the said examination to any individual (including a Minister of Norfolk Island or a Minister of the Commonwealth) who the Auditor General considers to have a particular interest in the said examination or the contents of the said excerpt.

5. The general auditor shall enter in the concluding opinion in writing in accordance with paragraph (4). 1. The Auditor-General Act 1997 shall apply to Norfolk Island. of this Act, including a mention of a local or regional group. 3. Section 37 of the Auditor-General Act 1997 shall apply to a dependent report:

b ) a local or regional body; as if: i) a mention in this section of a competent Minister was a mention of both: ii) the competent Commonwealth Minister. 1. The Minister of Finance shall draw up periodical accounts: b ) any local or regional body. b) the orders of the Minister of Finance of the Commonwealth. b ) if no provisions are in place for the purpose of subparagraph (a) - the orders of the Commonwealth Minister of Finance.

4. The Minister of Finance shall arrange for a copy of the declarations to be presented to the Legislative Assembly as soon as possible after the declarations have been drawn up. 5. The Minister of Finance shall provide the Administrator with a copy of the declarations as soon as possible after they have been drawn up.

6. As soon as possible after receipt of a copy of the declarations, the Secretary shall forward a copy of the declarations to the competent Commonwealth Minister. 1. The Chief Executive Officer shall draw up and submit to him a progress review of the Chief Minister's activities as soon as possible after the end of each business year:

b ) Local and regional bodies; this year. b) the orders of the Minister of Finance of the Commonwealth. The Prime Minister shall submit a copy of the said reports to the Legislative Assembly as soon as possible after receipt of the same. 4. As soon as possible after receipt of the reports, the Prime Minister shall hand over a copy to the Administrator.

5. As soon as possible after receipt of a copy of the reports, the Administrator shall forward a copy of the reports to the competent Commonwealth Minister. 1. This Section shall apply to a territorial administration where the Minister of Finance considers, for valid reasons, that the administration has information of relevance for the execution of a role or of a delegation of powers to the Minister of Finance:

e) the orders of the Minister of Finance of the Commonwealth. The Minister of Finance may, by means of a communication in writing to the person or persons in charge of the local authorities, request that the person or persons in charge provide such information to the Minister of Finance within the time limit specified in the communication and in the format and way specified in the communication.

3. A time limit under paragraph (2) may not be less than 14 workingdays after termination. 4. The manager(s) in charge shall meet a request under paragraph (2) to the fullest extent possible. 1. This section shall apply to a territorial administration where the Chief Executive Officer, for valid reasons, considers that the administration has information pertinent to the discharge of a position or the discharge of a mandate delegated to the Chief Executive Officer:

c) the orders of the Minister of Finance of the Commonwealth. 2. The Chief Executive Officer may, by notifying the relevant manager(s) of the territorial authorities in writing, request that the relevant manager(s) provide such information to the Chief Executive Officer within the time limit and in the way specified in the notification.

3. A time limit under paragraph (2) may not be less than 14 workingdays after the termination. 4. The manager(s) in charge shall meet a request under paragraph (2) to the fullest extent possible. 1. The Chief Executive Officer shall conduct the administration in such a way as to promote the correct use of the administrative funds for which the Chief Executive Officer is ultimately charge.

2. In doing so, the Chief Executive Officer shall abide by this Act, the rules, orders of the Minister of Finance of the Commonwealth and other laws. 1. The officer or officers of a local or regional administrative body shall conduct the matters of the public administration in such a way as to promote the correct use of the authorities³ own funds for which the officer or officers are competent.

2. The person or persons in charge shall observe this Act, the provisions, the orders of the Minister of Finance of the Commonwealth and any other Acts. The Minister of Finance shall see to it that books and recordings are kept which duly document and clarify the operations and finances of the administration.

b) the orders of the Minister of Finance of the Commonwealth. 3. The Minister of Finance shall see to it that the books and recordings are kept for the established period: b ) if no provisions are in place for the purpose of subparagraph (a) - the orders of the Commonwealth Minister of Finance. 1. The head (s) of a local or regional government body shall make sure that books and recordings are kept in which the operations and the economic situation of the public administration are duly recorded and explained.

b) the orders of the Minister of Finance of the Commonwealth. 3. The head (s) of a local or regional body shall make sure that the account (s) and record (s) are kept for the periods laid down in accordance with the provisions of the Directive: b ) if no provisions are in place for the purpose of subparagraph (a) - the orders of the Commonwealth Minister of Finance. 1. The rules may regulate the following points:

a) Territory government funds; (b) Territory government ownership; (c) Other administrative assets. 2. Decisions adopted for the purpose of paragraph (1) may provide for the following: a) the monitoring and administration of the territory's government funds; b) the finance and bookkeeping of::

The following shall be included: (iii) other administrative resource; (c) the supervision and administration of subsidies of public funds of the territory; (d) the supervision and administration of government ownership of the territory; (e) the acquisition of ownership and the provision of a service by the administration; (f) the sale of government ownership of the territory; (g) the auditing of the accounts drawn up pursuant to Section 48B with respect to the administration.

3. For the purpose of paragraph (1), arrangements may be made to ensure or promote the following: 4. Decisions adopted for the purpose of paragraph (1) may delegate roles or powers: d ) the head or heads of a local or regional government. Subparagraphs (2), (3) and (4) do not delimit subparagraph (1).

6. Where a remission does not comply with the provisions of paragraph (1), the remission shall have no effect to the degree of contradiction. 1. The rules may regulate the following points: a) funds of a territorial government agency; (b) ownership of a territorial agency; (c) other regional agency assets.

2. Decisions adopted for the purpose of paragraph (1) may provide for the following: a) the supervision and administration of the funds of a local government; b) the finance and bookkeeping of:: This includes: (iii) other regional government funding; (c) the review and administration of funds from a regional government agency; (d) the review and administration of ownership of a regional government agency; (e) the acquisition of ownership and service by a regional government agency; (f) the sale of ownership of a regional government agency; (g) the review of the accounts drawn up pursuant to Section 48B with respect to a regional government agency.

3. For the purpose of paragraph (1), arrangements may be made to ensure or promote the following: of a local or regional government; (b) adequate responsibility for the use and use of:: iii ) other local government assets. 4. Decisions adopted for the purpose of paragraph (1) may delegate roles or powers:

d ) the head or heads of a local or regional government. Subparagraphs (2), (3) and (4) do not delimit subparagraph (1). 6. Where a remission does not comply with the provisions of paragraph (1), the remission shall have no effect to the degree of contradiction. 1. The Commonwealth Minister of Finance may take decisions by legislative act:

b ) on any question for which rules may be adopted: Subpart 48S(1). In the name of the Commonwealth, the Secretary of the Treasury may borrow funds on the Commonwealth's behalf from Parliament's funds made available for this end to the administration or to a local government under the written arrangements established by the Secretary of the Treasury.

1. The administration or a local or regional body may, with the agreement of the Minister of Finance of the Commonwealth: 2. Without prejudice to the general validity of Subpart (1), the administration or a local or regional government may, under this Subpart, lend or take up funds other than by taking out credit by trading in transferable securities. and in any other way. 3. Borrowings other than by credit pursuant to paragraph (1) may be made in whole or in part in a foreign exchange other than the AbR.

4. An authorisation in accordance with paragraph (1) may be granted for a particular business or for business which belongs to a group of business. 5. An authorisation in accordance with paragraph (1) must be in written form. 8. For the purpose of this section: a) the issuance of a document of recognition of a liability by the administration or a local authority:

ii ) the granting of loans; b) the collection by the administration or a local or regional government body of loans not related to a current administrative or local government operation shall be considered as the procurement by the administration or local or regional government of an amount equivalent to the amount of the loan thus obtained.

1. The Commonwealth Minister of Finance may conclude a treaty on the name of the Commonwealth: (b) receipt of the sums ( "which may be interest") to be paid by the Administration for the funds collected in accordance with the provisions of point (b) of the first subparagraph of the preceding subparagraph of the preceding subparagraph, as laid down in the treaty.

2. The Secretary of the Treasury of the Commonwealth may decide in writing: b ) that the Commonwealth shall guarantee the reimbursement of such funds (which may be interest) to be paid by the Administration in relation to the funds collected pursuant to subparagraph 50(1)(b), as specified in the Decision; and if the Commonwealth Minister of Finance makes such a decision, the reimbursement of such funds and the reimbursement of such interest by the Commonwealth shall be ensured or the reimbursement of such funds shall be ensured by the application of this Subpart.

3. A conclusion of a contract may be made in accordance with paragraph (1) and determined in accordance with paragraph (2) in respect of a particular deal or in respect of deals belonging to a group of deals. 4. A concluded agreement pursuant to paragraph 1 may contain one or both of the following provisions:

a) a clause which agrees on the name of the Commonwealth that a proceeding under the Treaty may be brought before the tribunals or a particular tribunal of a non-Australian state; b) a clause which, on the name of the Commonwealth, waives the Commonwealth's immunity from legal action before the tribunals or a particular tribunal of a non-Australian state in respect of any proceeding which may be brought under the Treaty.

a) the reimbursement of funds lent by the Administration pursuant to Section 49 or 50 (1)(a) and the paying by the Administration of interest (including interest on such interest) on such lent funds; (c) the paying of sums equivalent to the sums due to the Commonwealth under a treaty concluded pursuant to Section 50A (1) or a finding made pursuant to Section 50A (2).

Administation or a local government may not lend or take up funds in any other way than by taking out a loan, except in accordance with paragraphs 49 and 50. 2. When carrying out delegations, the officer shall follow all instructions from the Minister of Finance of the Commonwealth. The Minister of Finance shall provide the competent Commonwealth Minister with the report, document and information on the activities of the Administration required by the competent Commonwealth Minister.

2. A record, file or information referred to in paragraph (1) shall be pertinent to: c) the orders of the Minister of Finance of the Commonwealth. The Minister of Finance shall meet the obligations of paragraph (1) within the deadlines laid down by the competent Commonwealth Minister. The Minister of Finance shall provide the Secretary of the Treasury with the Commonwealth Minister of Finance with the reporting, documentation and information on the activities of the Administration requested by the Secretary of the Treasury.

2. A record, file or information referred to in paragraph (1) shall be pertinent to: c) the orders of the Minister of Finance of the Commonwealth. 3. The Minister of Finance shall meet the obligations of paragraph (1) within the deadlines laid down by the Minister of Finance of the Commonwealth. 1. The officer or officers of a territorial administration shall provide the competent Commonwealth Minister with the records, documentation and information on the activities of the administration as requested by the competent Commonwealth Minister.

2. A record, file or information referred to in paragraph (1) shall be pertinent to: c) the orders of the Minister of Finance of the Commonwealth. 3. The accountable manager(s) shall meet the obligations referred to in paragraph (1) within the deadlines laid down by the competent Commonwealth Minister. 1. The officer or officers of a local government body shall provide the Minister of Finance of the Commonwealth with the Commonwealth Finance Minister's activity records, documentation and information requested by the Minister of Finance of the Commonwealth.

2. A record, file or information referred to in paragraph (1) shall be pertinent to: c) the orders of the Minister of Finance of the Commonwealth. 3. The accountable manager(s) shall meet the obligations of paragraph (1) within the deadlines laid down by the Minister of Finance of the Commonwealth. 1. The arrangements may include the appointment of a Commonwealth Financial Officer for Norfolk Island.

2. If the rules do so, the rules shall require that the Commonwealth Financial Officer for Norfolk Island do so: a) that the Commonwealth Financial Officer for Norfolk Island shall at all due time have full and free and unrestricted use of all bank account, record, document and paper related thereto, directly or indirectly:

Allow the Commonwealth Treasury Officer for Norfolk Island to make or extract a copy of such account, record, document or paper. 4. Where a remission does not comply with paragraph (3), it shall have no effect to the degree of contradiction.

5. Decisions adopted for the purpose of Subsections 48R(1) or 48S(1) may delegate roles and responsibilities to the CommonwealthFCA. If an individual has committed or intends to commit an act in breach of any of the rules of fiscal administration and accounting, the Federal Supreme Court may issue an interim order at the request of the competent Commonwealth Minister:

b ) the rejection or miscarriage was, is or would be in breach of any of the tax administration and accounting rules; the Federal Supreme Court may, at the request of the competent Commonwealth Minister, issue an order obliging the individual to do so. If a request for an interlocutory order pursuant to paragraph (1) is filed with the Federal Court of Justice, the court may, before examining the action, issue an interlocutory order preventing a party from acting in accordance with this paragraph.

4. The Federal Supreme Court may not demand any obligation to pay compensation from an petitioner for an interlocutory order pursuant to paragraph (1). 1. The Supreme Court of Norfolk Island, set up by the Norfolk Island Act 1957, shall remain the Supreme Court of the territory, notwithstanding the annulment of this Act.

2. The Supreme Court shall be composed of a Supreme Judge and the other judges designated in accordance with this Act. b ) as Chief Justice under paragraph (1A), irrespective of whether he or she already serves as a judge or not; if he or she has reached the legal retirement of 70 years.

b ) the position of Chief Justice is vacant; the next higher judge who is in Australia or on Norfolk Island and who is able and willing to do so shall carry out the functions of Chief Justice and may exert his authority. and the other judges shall act after the effective date of their Committees or, if the Committees of two or more of them have entered into force at the same time, in accordance with the priority given to them by their Committees.

An individual may be a judge of the Supreme Tribunal, irrespective of the fact that he is also a judge of another tribunal established by Parliament or also holds a judiciary position in respect of a territory other than Norfolkinsel by reason of an nomination made either before or after his nomination as a judge of the Supreme Tribunal.

2. The Chief Justice shall be competent for the proper and speedy execution of the Supreme Court's affairs and may therefore, without prejudice to this Act and the consulting of the judges, where appropriate and feasible, make provision for the judge or judges who are or are to be the Supreme Court in certain cases or categories of cases.

Jurisdictions and judiciaries for the territory may be created by or by decree. 1. The provisions may lay down provisions known as Norfolk Island Public Service Values. 2. A nominated or engaged individual by decree under section 61 shall at all hours act in a manner consistent with Norfolk Island's public service values.

In accordance with the Act, the competent Commonwealth Minister may make subsidies or other disposals of Crown lands in the territory. There are no custom fees for goods brought into Australia from the territory: are the products or the production of the territory; (c) are not goods which, if they are made or made in Australia, would be liable to consumption tax.

This section shall apply to the offices of a member of the Legislative Assembly, a member of the Executive Council or Minister or any other position in or in relation to the Assembly which may only be filled by a member of the Assembly. b ) requests that the Minister arrange for the presentation of the reports to the Legislative Assembly.

2. The Minister shall provide a copy of the Commonwealth Minister-in-charge. 3. The competent Commonwealth Minister shall submit a copy of the Commonwealth Minister's reports to each House of Parliament within 15 workingdays after the receipt of the reports by the competent Commonwealth Minister.

b ) at least one meeting of the legislative assembly has taken place since the meeting date referred to in para (a). 3. A link in subparagraph (2) to a list shall be understood to include a link to that list, which shall be amended from case to case by provisions adopted pursuant to this Subpart.

Unless the opposite intent appears: the starting date is the date established pursuant to Subpart 2(2) the preceding Act is the Norfolk Island Act 1957. 2. An elections within the meaning of paragraph 31 (3) shall not take place before 1 July 1979. 3. A document for an electoral term within the meaning of section 31(3) to be made before the beginning of the term of office shall be drawn up by the administrator.

In sub-section (3), the manager has the same significance as in the preceding Act. 1. If a member acts as steward, acting steward, deputy steward or judge immediately prior to the commencement of his or her duties under any of the foregoing laws, he or she shall, without prejudice to that law, remain in office for the rest of his or her period of service as if he or she had been designated in accordance with the foregoing law, and any document by which he or she has been designated shall remain in effect.

Paragraphs 10 and 57 do not pertain to the continued existence of a persons referred to in paragraph 1 of this paragraph. A new Regulation or Regulation as modified has not been adopted in accordance with paragraph (3) or (4) of this Section; the Council, whether or not it has made a copy of the Regulation pursuant to this Section in respect of the Regulation in question, shall, as soon as possible after the date of its adoption, be submitted to the Legislative Assembly at a session of the Assembly, and after its adoption before the Assembly, this Act shall, in respect of the Regulation in question, act as if it were a Act which has been incorporated into the Legislative Assembly pursuant to Section 26 of this Act.

With respect to a regulation issued pursuant to the preceding Act, 17 of this Act shall continue to be effective on and after the commencement date of this Section as if this Section had not been revoked and as if the references in Subpart (5) to the issuance of a regulation were a link to the issuance of a regulation pursuant to this Act.

A decree issued under the existing Act and a decree pursuant to Section 71 of this Act shall be as effective and effective as if they had been issued pursuant to Part IV of this Act. a) Commonwealth prerogatives and obligations immediately prior to the commencement of any treaty or arrangement concluded on the Commonwealth's behalf by the Administrator of Norfolk Island or the Administration of Norfolk Island (however described);

c) Commonwealth, Norfolk Island Administrator or Norfolk Island Administration privileges and obligations (except for the privileges and obligations set forth in paragraphs (a) or (b) above) which exist immediately prior to the commencement of the activity under a contractual or other arrangement concluded or alleged to be concluded by the Norfolk Island Administrator or the Norfolk Island Administration (however described).

2. All prerogatives and obligations to which this section shall apply shall become effective at the beginning of the year the prerogatives and obligations of the Administration of Norfolk Island. Any funds credited immediately prior to the commencement date to the Norfolk Island public account maintained pursuant to Section 6 of the Norfolk Island Public Funds Regulation 1964 shall on that date be credited to the Norfolk Island public account set up by this Act.

References in section 63 to the financial reporting of the territory shall be understood as references to financial statements drawn up before the start date and to financial statements drawn up on or after the start date for a pre-final year. 1. The rules may provide for provisions (including provisions on amendments and adjustments to a law) for and relating to all matters resulting from, resulting from or otherwise related to the creation of the administration of Norfolk Island as a political entity.

and not before the date on which the provisions come into force.

Mehr zum Thema