Norfolk Island Regional CouncilRegional Council of Norfolk Island
Northfolk Island Regional Council Preparatory Election Decree 2016
It also appoints the Norfolk Island Advisory Council, which has the task of providing advice to the administrator of Norfolk Island on issues affecting the territory during the transitional period. Norfolk Island Regional Council Preparatory Regulation 2016 (the Regulation) provides for the elections of five Norfolk Island Regional Councils on 28 May 2016.
These five elective members of the council will become the first members of the Norfolk Island Regional Council after it has been established under a forthcoming act. Specifically, the Regulation covers parts of the following New South Wales Acts and Regulations: This Regulation makes a number of changes which will have an impact on the way the above New South Wales legislation will be applied on Norfolk Island.
The changes are designed to make sure that the legislation expanded to Norfolk Island complies with other legislation in the area. New South Wales legislation applicable to Norfolk Island will be enforced as in effect on 13 November 2015. There are a number of things in the regulation that relate to the choice of Council members.
Preparations for the regulation were discussed by the Norfolk Island Advisory Council. It published a consultation document on regional council election, received comments in writing and conducted a stakeholder consultation. Essential elements of this regulation, such as the conditions for voting rights, are communicated by the Advisory Board.
The detailed provisions of the Regulation are annexed. It is a legal tool within the meaning of the 2003 Act. All of the Regulation as it stands will start on the following date of registration of the Regulation. Under the Regulation, five Norfolk Island Regional Councils may be elected on 28 May 2016.
These five elective members of the council will become the first members of the Norfolk Island Regional Council after it has been established under a forthcoming act. Specifically, the proposal would implement parts of the following New South Wales Acts and rules, as in effect on 13 November 2015:
It provides for the first choice of five members of the Norfolk Island Regional Council (NIRC). Nationals can take part directly in the implementation of government matters when voted into the NIRC. The citizen can take an indirect part in the management of matters of public interest by electing council members to act as their representatives.
Rather, the tool helps to implement Article 25 of the ICCPR by obliging all those over the ages of 18 in Norfolk Island to participate in the NIRC's first municipal elections. It does not restrict individuals from choosing an NIRC Council member on the grounds of sex, breed or handicap.
Free speech and the right to express oneself is exercised through the tool, which governs the substance, endorsement and presentation of voting matters during the regular term and establishes crimes of non-compliance. These rules are the same as those in force on the land and guarantee that the electorate has appropriate choice during the regularized time.
Polling matter" means any affair which is designed, likely or likely to influence the outcome of an electoral process or which is designed, likely or likely to influence a voter in respect of the poll. - a candidate's name at each ballot; - the name of the political group of such nominee; - the name or addresses of the boardrooms of such nominee or group; - any signature or print purporting to represent or be an image or presentation of such nominee.
Voting tickets, placards or advertising, for example, contain voting materials. Controlled period" for an elections is the time beginning on the cut-off date and ending at 6 p.m. on the voting date, as well as all dates to which the elections are postponed. Regulating the substance, endorsement and presentation of voting matters is a sensible step, as it is intended to target deceptive materials that are intended to undermine the voting procedure, particularly where it is "likely to deceive or unreasonably disrupt the voting", where the materials contain false or false claims about nominees or where the materials are intended to jeopardise the effectiveness of a ballot.
Rules that require the inclusion of identification data in the electoral data are also useful and necessary to guarantee the accountability and enable the electorate to determine the sources of the electoral data. Such actions support voting in competent elections and thus promote the goal of the maintenance of public order by preserving the legality of the electoral proces.
It strengthens the right to create and join organisations to share objectives by providing a regulatory environment for the participation of Norfolk Island and New South Wales policy-makers in NIRC elections. Applicable rules are the same as on the land and the amendments make sure that the Norfolk Island policy groups can take part.
To ensure that the invasion of the private sphere is not "arbitrary", any invasion of the private sphere must be in accordance with the ICCPR' s rules, goals and purposes and should be appropriate in the respective circumstance. Every attempt to gain or disclose personally identifiable information should be made only for the legitimate purpose of carrying out an electoral process; it is necessary that the individual has such information; and appropriate and proportional to the attainment of the same.
Individuals or public administrations in the new sub-section shall be those for whom accessing recordings of individual-related data is a necessary part of their role, such as the returnee or the electionmaster. Changed the entry to admit extra senior officials such as the Executive Director, as a new voter's register for Norfolk Island needs to be created to establish a person's eligibility to cast votes on that register.
In the document, the word "electoral matter" describes the nature of the materials in connection with the crimes provided. Crimes committed on Norfolk Island are temporary in nature for the "regulated period" in order to make sure that the restrictions of this right are upheld only in respect of the mandatory occurrence for which they are deemed necessary.
Part 1 contains the heading of the Regulation is the Norfolk Island Regional Council Preparatory Election Ordinance 2016. Paragraph 2 provides that the Regulation shall begin on the date following registration of the Regulation. Part 3 provides for the Regulation to be adopted pursuant to Section 19A of the Norfolk Island Act 1979.
In this section you will find a general overview of the purpose of the Regulation and some general objectives and rules to help interpret other parts of the Regulation. Subpart 4(3) states that the Regulation does not adopt, modify, annul or discontinue any part of the New South Wales Act that may enter into effect after 1 July 2016.
The purpose of paragraphs 1 and 2 of Subpart 4(3) is to help the reader understand the Regulation's legislative context. The Norfolk Island Legislation Amendment Act 2015 (Cth) proposed on 1 July 2016 to incorporate a new Section 18A into the Norfolk Island Act 1979 (Cth). Paragraph 18A shall apply the New South Wales Act, as may be in effect from and to Norfolk Island.
This is not to be expected in reality; the rules enhanced by this Regulation would only be used for the elections on 28 May 2016. The next elections are not scheduled to take place before 1 July 2017 if this Regulation is overturned. Part 5 contains terms and conditions applicable to this Regulation and the New South Wales Act as set out in Part 7.
Note that these terms and conditions are applicable to the terms of Section 7, notwithstanding Section 72, which in essence provides that the terms and conditions used shall be construed as a New South Wales Act. Administration is defined in Section 5 of the Norfolk Island Act 1979 (Cth).
In essence, the Norfolk Island Legislation Amendment Act 2015 (Cth) provides that all administration privileges, property, liabilities, etc. will be transferred to the NIRC, unless a transition arrangement is made. This remark also reminds the user of the transition provision included in the Norfolk Island Legislation Amendment Act 2015 (Cth).
It may be used to settle interim issues resulting from the repeal of the administration, and, if necessary, interim issues related to the elections of 28 May 2016. Applicable rules are those set out in the New South Wales Act as set out in Section 7 on Norfolk Island.
Commonwealth Minister's definitions are largely taken from the Norfolk Island Act 1979 (Cth). All that differs is the incorporation of"(Commonwealth)" under the Norfolk Island Act 1979 (for clearness and consistency). The Executive Director is redefined with regard to Section 9 of the Norfolk Island Act 1979 (Cth) and the Executive Director's post is noted as of 1 July 2016.
This remark refers to the Norfolk Island Legislation Amendment Act 2015 (Cth) which can be used to solve any transition problems resulting from the removal of the stand. The Norfolk Island is the territory of Norfolk Island as described in Annex 1 to the Norfolk Island Act 1979 (Cth).
The Norfolk Island Regional Council Declaration Orderinance is a regulation issued pursuant to Section 19A of the Norfolk Island Act 1979 (Cth) to designate a NIRC for the purpose of the Norfolk Island Regional Council definitions set forth in that Act. Chapter 19A Regulation is redefined with respect to the Norfolk Island Act 1979 (Cth).
New South Wales four frequently quoted New South Wales acts are identified for simplification in the Regulation, in one of them. The reason for this is that Subpart 14(2) of the 2003 Legislative Act (Cth) prevents this Regulation from incorporating the NAWI Act as amended. Paragraph 6 is intended to help the readers by clarifying that the Interpretation Act 1901 (Cth) is not applicable to this Regulation, but the Interpretation Act 1979 (NI), as far as possible (see below).
Interpretation Act 1979 (NI) provides that it shall be applicable to "remissions" and "remissions" are set out in this Act to incorporate regulations issued pursuant to Section 19A of the Norfolk Island Act 1979 (Cth). Though Interpretation Act 1901 (Cth) is not applicable to this Ordinance, it should be noted that many of the terms of Interpretation Act 1901 (Cth) are applicable to Section 19A Regulations due to Section 81A of Interpretation Act 1979 (NI).
This section provides information to the readers that the 1979 Interpretative Law (NI) is only applicable to the scope allowed by Division 3 of Part 2 of the Regulation, which deals with the interpretations of the regulations used. That means that the rules used must be construed as they would be construed in the NAWI (except to the degree amended by this Regulation), while the text of the Regulation itself must be construed in the Light of the 1979 Interpretations Act (NI), but only to the degree allowed by Division 3 of Part 2 of the Regulation.
Part 7 is the provisions that apply to those parts of New South Wales legislature that are pertinent to the NIRC choice. Specifically, the special legal provisions implemented by means of explicit references are the: Sub-section 14(2) of the 2003 Legislative Act prohibits this Regulation from incorporating the NAWI Act as amended.
Section 2 contains most of the amendments to the New South Wales regulations used. Paragraph 8 provides that Norfolk Island shall be considered as an area not subdivided into stations for the purpose of the May 28, 2016 elections. Paragraph 9 changes the meanings of the reference to "Council Member" and "Citizenship" in the applicable regulations.
The amendments are necessary because the NIRC did not exist at the date of adoption of this Regulation. First-choice candidates have the right to exercise civil service and become members of the NIRC once the NIRC is in place. NIRC is scheduled to be founded on July 1, 2016.
Paragraph 10 provides that in the rules used, refers to the "Director-General" as a link to the Executive Director. Paragraph 11 provides that referrals to the Electoral Commissioner or the Electoral Commission shall be understood as referring to a single individual or body (including the Commonwealth Minister) fulfilling all facets of the electoral commissioner's function in the elections of 28 May 2016.
Paragraph 74 allows one or all of the competences, roles or responsibilities of the Electoral Commissioner or the Electoral Commission to be delegated to a specific individual or body. In essence, this section provides that any reference in the applicable provision to "Council" shall be construed as a reference to the administration. The reason for this is that the NIRC did not yet existed at the date of adoption of the Regulation or elections.
The competent authorities for the purpose of these regulations are therefore the administration of the island of Norfolk. Subparagraphs 12(3) and (4) also clarify that an employee or holder of an officer or a place of gain under a territorial agency within the meaning of the Norfolk Island Act 1979 shall also be considered an employee or holder of an officer or a place of gain under administration.
In this section, reference to policemen shall be deemed to be a reference to a member of the Norfolk Island policing service in the applicable regulations. Norfolk Island P.D. is provided for in the 1931 Policy Act (NI). The amendment was made because the term "statutory declaration" in the 1987 Interpretation Act (NSW) is dependent on the application of the NSW laws (e.g. the Oaths Act 1900 (NSW)), which will not be in effect at the date of the elections on Norfolk Island.
The reason for this amendment is that there is currently no interest rate system on Norfolk Island. The amendment will allow entitled landowners to request registration on the voter's register for non-residential buildings. Ratespaying lessee are not covered as there is no NSW equivalents on Norfolk Island, so there are no individual persons in this class and it is superfluous.
Entitled landowners and landowners can continue to register and cast their votes for the first NIRC elections. The purpose of this section is to provide a reference within the applicable terms and conditions to be understood as a reference to specific laws and rules as they are applicable under § 7 of this Regulation.
That is the case if the individual is an apt UK citizen and was on one of the registers referred to in paragraph (1A)(b)(i) and (ii) immediately before 26 January 1984. Those rules regarding old-age and citizenship are based on Section 93 of the Commonwealth Electoral Act 1918 (Cth) and should, as far as possible, reflect those eligibility rules.
The right to register on the first NIRC voter register is not subject to voting rights at the Commonwealth House of Representatives, as registration for participation in the Norfolk Island residents' national election is not mandatory at the date of adoption of the Regulation. In this section, the LGA amends the regulations on taxable real estate and people associated with taxable real estate.
LGA, as in effect in the NSW, provides that certain proprietors of taxable properties (including entities and trusts) are considered for admission to the voters' register for non-residential buildings and are therefore entitled to voting rights. Section 20(a) deletes the link to'taxable' as there is currently no interest rate system on Norfolk Island.
The amendment will allow entitled landowners to request registration on the voter's register for non-residential buildings. Article 20(b) deletes a link to "ratepaying lessee" as this is not a class of person entitled to voting in the first NIRC elections. The amendment is made to dispel any doubts as to whether the "Crown" to which it refers is the Crown in the law of the Commonwealth or Norfolk Island or New South Wales.
Section 20(d) deletes a link to "taxable" as there is no interest rate system on Norfolk Island. Clauses 20 (e) and (f) delete the links to "ratepaying lessees", as this is not a class of person entitled to choose in the first NIRC elections. Section 21(a) provides that a magistrate of the Court of Petty Sessions of Norfolk Island and a judge of the Supreme Court of Norfolk Island are excluded from exercising civil service (and thus from being voted into the NIRC).
That is in accordance with NAWI disqualifications regulations. In essence, this reflects the LGA's 275 (1)(h) disqualifications clause, but with a link to the company laws applicable to Norfolk Island. Although the administration expires on July 1, 2016, the amendment of 275 (2) by 12 (3) in connection with 276 (1) LGA prevents the appointment of individuals who are such workers or public officials at the date of the elections.
That is in accordance with NAWI disqualifications regulations. Article 21(d) deletes a link to the "rate-paying lessee", as this is not a class of person entitled to voting in the first NIRC elections. Section 21(e) deletes a link to the term'taxable' as there is no real estate tax on Norfolk Island.
Since this Regulation will make the choice the first, no provision for re-election is necessary. This decree does not envisage any stations or the elections of a major (neither of the voters of Norfolk Island nor of any of the members of the Council elected). Amendments to Sections 24 (a) and (b) authorize the competent Commonwealth Minister to postpone the elections for up to 28 calendar days after 28 May 2016 if the competent Commonwealth Minister considers that the elections on 28 May 2016 are not feasible or uncomfortable.
Sub-section 288(3) is a clause concerning the current members of the Council, none of which exist, as this is the first NIRC choice. Paragraph 289 refers to the electoral process of electing a major which does not take place at first poll. Article 289 refers to the appointment of a major by the members of the Council.
It is not necessary because the Council members are not to elect a major under the NAWI legislation used in this Regulation. Since § 282 was not used, there will be no mechanisms for the elections of the major until 1 July 2016.
The section amends Sub-section 291A(1) of the LGA to allow for a refund under certain conditions, e.g. if an accidental opening results from the sudden loss or retirement of a member of the Council. These amendments are intended to cover all vacancies that may arise before the NIRC is enacted by a regulation pursuant to Section 19A of the Norfolk Island Act 1979.
That is because these views do not apply to Norfolk Island. Paragraph 296AA contains a request for a council to enact a winding-up at least 18 moths before the poll. There is no need for this section as there is no NIRC for decision-making. Paragraphs 296 and 296A are not applicable because they contain rules on the electoral process, which are carried out by a Director-General of the Council.
Since the first choice is made by the electoral commissioner, these rules are not necessary and will therefore not be used. Pursuant to this clause, the electoral commissioner will hold the vote on 28 May 2016. The section modifies the implementation of the LGA's Sub-section 296B(5) on the holding of ballots managed by the Electoral Commissioner and concerns the right of administration record keeping for the purpose of the holding ofballots.
Article 5(a) provides that a party or public body exercising any capacity as election commissioner shall also have the right of administrative documents. First, a member of the electoral commissioner may need Council notes to establish a person's eligibility to cast votes on the attendance register.
It is different from NSW, where the right to elect in municipal ballots is usually defined by references to the national or state lists and other state information resources. Second, the appointment of the administration of Norfolk Island should provide assurance that legal permission has been given to allow unauthorised persons to gain unauthorised right of entry to the record for the purpose of holding the polls, as well as the Executive Director.
The new Subpart CA would allow any individual within the meaning of points (a), (b) or (c) of the previous subparagraph to provide the Australian Electoral Commission with information obtained in the exercise of his or her authority. It is clarified in this section that the authority of the election officer under 296B(6)(c) LGA to decide on matters not provided for in the LGA or EAA also extends to matters not provided for in this Regulation.
In this section, a clause on the transfer of the duties of the commissioner for electing candidates is repealed. Sections 34(a) and (b) amend paragraph 298 of the LGA to allow the commissioner to use the voter register used for the legislative assembly polls for the purposes of drawing up the voter register for the polls to be conducted on 28 May 2016.
For the avoidance of any doubts, this amendment does not request that the Election Commissioner use the voter's register used for the Legislative Assembly election and nothing in this section would preclude the Election Commissioner from setting up a new register without referring to the Legislative Assembly's voter's register. Article 34(c) shall not apply to any provision concerning the election held by the Director-General of the Council.
This is not necessary as the first choice is made by the Commissioner for elections. Note that Section 298 of the LGA, which is applicable to Norfolk Island by this Regulation, contains a very high ceiling (1000 penalties) for unreasonable disclosures of registration information. These high sentences are a reflection of the gravity of the crimes, as they refer to crimes that can erode the democracy of the trial and erode the trust of the general population in the voting system.
These violations are also in compliance with the NSW Act, which may enter into effect on Norfolk Island after 1 July 2016 under 18A of the Norfolk Island Act 1979. The Regulation will be prepared for a sole electoral meeting in May 2016 and subsequently lifted (on 1 January 2017).
In this section we change the way the non-residential role is used. Article 35(1)(a) deletes a mention of previous polls as this will be the first choice for the NIRC. Pursuant to the current rules, the Director-General (who is to be considered "Executive Director" under Section 10) will continue to be obliged to draw up a list of non-resident proprietors as soon as possible.
Article 35(1)(b) does not apply to Subpart 299(3) of the LGA, as it only refers to polls conducted by the Director-General and the poll to be conducted under this Regulation is conducted by the SSC. In this section, the rules governing the role of users and ratable lessee are amended.
Article 36(1)(a) deletes a mention of previous polls as this will be the first choice for the NIRC. Pursuant to the current regulations, the Director-General (who is to be considered "Executive Director" under Section 10) will continue to be obliged to draw up a list of landowners and landowners as soon as possible.
Article 36(1)(b) does not apply to Subpart 299(3) of the LGA, as it only refers to polls conducted by the Director-General and the poll to be conducted under this Regulation is conducted by the SSC. The foregoing section shall not apply to any person who is not satisfied with the ruling of an electing commissioner or director-general on their application for entry on a voter census.
This replaces any provision that allows a discontented individual to lodge an action with the Courts of Petty Sessions of Norfolk Island, the courts that exercised this scrutiny role under the rescinded Legislative Assembly Act 1979 (NI). The section changes the implementation of the EAA rules on nominating nominees.
Collecting this personally identifiable information would be of no use to you in connection with a vote on Norfolk Island. In this section, a link in the EAA to a list under the Parliamentary Electorates and Elections Act 1912 (NSW) is removed, as this list will not apply to Norfolk Island.
The foregoing section does not apply to regulations concerning the deaths of a nominee before the date of completion of the survey. Subpart 41(2) provides that the regulations (which may be adopted in accordance with Section 77) may provide for the holding of an elections in the event that a nominee dies before the date of the elections. Sections 42 (a), (c) and (d) refer to the choice and change the type of identity that a non-nominee for the site can show at the place of choice in order to be eligible to choose.
An individual who is not nominated for the site but is claiming to be nominated for the site may elect in accordance with paragraph 320C(1) of the EAA. For the first registration, re-enrolment or transfer of registration, as indicated in the title of term 320C.
For example, if a individual does not have a driving license, this change may include a Norfolk Island administrative paper containing a Norfolk Island adress together with a Norfolk Island pass or other photo ID. Article 42(d) amends Article 320C(3)(c) of the EAA to the effect that the individual must provide proof of an Norfolk Island location instead of the place indicated in the application for registration.
The amendment is made in acknowledgement of the fact that a non-licensed Norfolk Island resident may not have any other type of documentary evidence of his real whereabouts. Section 42(e) deletes a link to New South Wales which is not pertinent to the elections on Norfolk Island.
Section 42(f) amends the issue to be raised by elected officers to clarify that the applicable legislation is the one that is applicable because of the Norfolk Island Regional Council Preparatory Election Ordinance 2016. Article 42(g) does not apply paragraph 352 of the EAA, as this provision is only applicable to polls in which the electors elect the burgomaster directly.
First choice for the NIRC will not include a straightforward choice of major. Paragraph 42 (h), (i) and (k) shall supersede the terms "the Council" by terms "management". Section 42(j) deletes links to items that do not relate to Norfolk Island. Article 42(l) deletes a link to the "rate-paying lessee" as this is not a class of person entitled to voting in the first NIRC elections.
Section 42(m) deletes a link to a New South Wales State or Commonwealth voter and replaces it with a link to the right to be on the voter census. The amendment recognises that most Norfolk Islanders cannot be included on the NSW voter register and that registration on the Commonwealth voter register is not mandatory for Norfolk Islanders at the date of entry into force of the Regulation.
Section 43(a) deletes links to items that do not relate to Norfolk Island. Article 43(b) provides that the insertion of a copy of the undisputed vote's statement in writing in the Norfolk Island Gazette or a paper circulated in Norfolk Island is adequate to meet the requirements of Article 296(3)(a) of the EAA.
In paragraph 43(c), a link to "the Council" is replaced by a link to "the Administration". Section 44(c) deletes a link to the 1996 Fine Act (NSW) as this particular New South Wales Act does not apply to Norfolk Island at the date of this Regulation's elections.
There are a number of characteristics in the required format that are not applicable to Norfolk Island. All notifications of penalties in connection with the elections shall be made out in a manner specified by the Electoral Commissioner. The amendment is made to prevent the competent Commonwealth Minister from making an effective decision on his name.
The foregoing section does not apply to § 318, which refers to a forfeited or invalid choice. In this section, we delete a link to the NSW Parliament, which is not pertinent to Norfolk Island, and make it clear that one of the aims of a policy group is to promote the NIRC elections under the legislation used in this regulation.
Subpart 48(1) changes the scope of Subpart 320(2) of the LGA to the NIRC choice on Norfolk Island. In paragraph 48(1)(b), the reference to the Parliament of New South Wales is deleted as it is not pertinent to Norfolk Island. Article 48(1)(ba) clarifies that the reference to a persons authorized under 266 shall apply without prejudice to the amendments by § 18 of this Regulation.
Article 48(1)(bb) provides that links to New South Wales should be construed as such. The amendment is in acknowledgement of the wide use of mailboxes on Norfolk Island. Subsections 66D(2)(h) and (e) of PEEA is also not applicable as it relates to the 1981 NSW (Election Funding Act), which will not be in effect at the date of the elections on Norfolk Island.
As there are less than 12 month between the adoption of this Regulation and the elections, this rule will not be used to allow the Norfolk Island policy groups to take part in the NIRC elections. This is not appropriate for Norfolk Island as the signatories to the statement must be included on the corresponding voter register, which is not possible in the first NIRC elections as the voter register will not be fully defined by the start of the politic party registry procedure.
That amendment is a consequence of the new subparagraph (ga) applicable in Subpart (3). In this section, links to the NSW Civil and Administrative Tribunal are deleted and replaced by links to the Supreme Courts of Norfolk Island. That tribunal had similar cases under the 1979 Legislative Assembly Act (NI).
Controlled period" for an EAA elections within the meaning of Article 356A is the time beginning on the final date and ending at 18.00 on the voting date and all dates to which the elections are postponed. Subparagraph 50(a) amends the rules on the issue of billboards containing or made up of voting materials and on the posting, drafting or presentation of voting materials.
Subparagraph 50(b) amends the rules on the issue of billboards containing or made up of voting materials and on the posting, drafting or presentation of voting materials. Article 50(c) amends paragraph 356GB of the EAA to make sure that "Australia", as used in this section, incorporates Norfolk Island. That means that a home on Norfolk Island is a good place to publish your election advertising on the web.
Article 50(d) does not apply to the Environmental Planning and Assessment Act 1979 (NSW), which is not in effect at the inauguration. References to this Act shall be superseded by the term "used", so that the provisions on the presentation of campaign material on a monitor in a theater or auditorium remain operational in respect of Norfolk Island.
Sections 50(e) and (f) amend Sections 356L(b) and (c) of the EAA to incorporate the Norfolk Island Advisory Council and Norfolk Island Advisory Councillors into the expanded activities of Subpart 5 of the EAA, so that any explicit or implied references or opinions to the Advisory Council or Advisory Councillors are deemed to be an election issue within the meaning of Subpart 5.
It will ensure that, pursuant to this clause, the Advisory Forum is dealt with in a consistent manner with earlier legislative assemblies and members of the Legislative Assembly of Norfolk Island, which are deemed election matters under paragraph 356(L)(1)(d) and (e). There is no application of this section to any rule giving competence to the NAWI courts. Section 36 of the Court of PETTIY SURVEY 1960 (NI) provides that the Norfolk Island Court of PETTIY SURVEYS has exclusive remedy for violations of the rules used.
Section 52(a) supersedes links to New South Wales by links to Norfolk Island. Article 52(b) supersedes any reference to the Council by a reference to the administration. The amendment is in acknowledgement of the fact that there is no paper that can undeniably be said to be in circulation on Norfolk Island.
The section amends a link to the website of the administrator with a link to the website of either the Administration or the competent Commonwealth Department or to the website of a persons or authorities to whom a competence, role or obligation has been conferred pursuant to Article 74 of this Regulation.
This amendment is necessary because there is no Council or Electoral Commission website that can be identified in relation to Norfolk Island. The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one. Article 55(a) deletes a link to "ratepaying lessee" as this is not a class of person entitled to choose in the first NIRC elections.
The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one. The reason for this amendment is that there is currently no interest rate system on Norfolk Island. Entitled landowners may continue to submit applications for registration on the voter's register for non-residential buildings.
The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one. The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one. The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one.
For example, this change can be used if the returnee decides to have an Australian continental and Norfolk Island adress. In this section, Article 318 of the EAA is amended so that if the election administrator designates a place where mail can be obtained, an envelope containing either a voting form or pretending to contain a voting form is considered to have been accepted by the election administrator at the place designated at the moment of his arrival.
All ballots that arrive at this location by the specified date shall be deemed accepted by the returnee, even if the returnee is not present at this location. The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one.
Assumes that for the purpose of Article 356GB(3) of the EAA the term "address" shall include a P.O. Box on the island of Norfolk. In this way, the fact that mailboxes are the most frequently used salutation on Norfolk Island is taken into account. The foregoing section shall not apply to the provisions of Article 393A requiring a Director-General to make a statement on an appointment made by the Director-General.
The first NIRC elections do not require this rule, as it is managed by the Electoral Commissioner. Nor does it apply Article 393B of the EAA, which refers to the performance of council positions during the janitorial time. The first NIRC is not in janitor status until it is established under a prospective Act.
In this section, the implementation of EAAE Article 393AA is amended to oblige the electoral commissioner to draw up a printed account of the electoral process. It must be produced and published on a website within six month of polling date, unless the Commonwealth Minister is convinced that specific conditions are present.
In this section, the NSW declaration forms are removed from the back of a voter registration application containing a petition for injunction or deletion of the place of residence from the cadastre. The reason for this is that the NSW statute declaration is dependent on the functioning of the NSW laws (in particular the Oaths Act 1900 (NSW)), which do not exist at the date of the NSO.
Persons wishing to have their place of residence removed from the voters' register may make the application without a statement on oath. The amendment is in acknowledgement of the fact that the most widely read newspapers on Norfolk Island are not a day-to-day one. In this section, the regulations used shall be applicable with any changes required by the regulations.
That means that the regulations (which can be issued in accordance with 77) can be added to or amended from time to time. Note that Article 77(2)(d) prohibits the regulations from directly changing the text of this Regulation, in contrast to the applicable provision. In this section, this allocation is effective despite all definitions in the applicable regulations.
That means that in a description in the terms used which contradicts a description in that subdivision, the description attributed to the concept should be the one attributed by that subdivision. In this section, this section refers to the applicable regulations which are applicable under § 7 of this Regulation.
Nothing in this Section shall affect any provision which may be applicable from 1 July 2016 pursuant to Section 18A of the Norfolk Island Act 1979 (Cth). Subpart 72(1) provides that the rules used ( "as amended as described in Section 2) shall be construed as the law of New South Wales.
Section 72(2)(a) restricts the effect of paragraph 72(1) by clarifying that paragraph 72(1) is only effective to the extent that it is compatible with the interpretations of the paragraph 7 rules that have been adopted with the amendments outlined in Division 2 of this Regulation. In the event of a dispute between the interpretations of a statute in NSW and the applicable terms as amended by Division 2, this means that the assigned significance should be in accordance with the applicable terms as amended by Division 2.
Article 72(2)(b) restricts the effect of paragraph 72(1) by clarifying that paragraph 7 is effective except as defined in this Regulation and this Part of the Regulation. That means that in the event of a contradiction between the interpretation of a statute in NAWI and the terms of the chapter of this Regulation or Part 2 of this Regulation, the meanings should be the same as the chapter of this Regulation or Part 2 of this Regulation, respectively.
Subpart 72(3) provides that Subpart 72(1), except for the restrictions set out in Subpart 72(2), is effective despite the Interpretations Act 1979 (NI) with the exception of Section 17 of this Act (which applies to the interpretations of the applica ted provisions). That means that rules must be construed in accordance with NAWI legislation, which includes the 1987 NSW Interpretations Act, unless they refer to Section 17 of the 1979 Interpretations Act (NI) or if that reading conflicts with the definition of this Regulation (under section 72(2)(a)) or the definition area or part 2 of this Regulation (under section 72(2)(b)).
He clarifies that nothing in section 72 concerns the reading of a Act which may be in effect in Norfolk Island from 1 July 2016 under section 18A of the Norfolk Island Act 1979 (Cth), with the exception of section 7 of this Regulation. The purpose of this section is to help the readers and makes it clear that the terms and conditions used are a legislative tool within the meaning of Norfolk Island Standard Time Ordinance 2015.
This is explained by the endorsement to make sure that the times given in the regulations used are to be interpreted as a link to that period up to normal Norfolk Island hours. Instead, it provides that for all powers over Norfolk Island that may be conferred on the electoral commissioner or the electoral commission of New South Wales, these powers will be transferred to the Commonwealth Minister.
The Commonwealth Minister is finally accountable for the electoral commissioner's and commissioner's roles on the island of Norfolk. It is inserted to allow the competent Commonwealth Minister to be flexible in the transfer or assignment of competence and mirrors the fact that a persons or authorities who have transferred or conferred competence under this Section may not fulfil all the qualifications requirements for a persons who would exert those competences under NAWI Law.
Subpart 74(6) provides that this Section does not restrict the application of paragraph 275(3) of the EAA, which provides that in Part 11 of the EAA a link to the election administrator shall contain a link to the election administrator if the latter authorizes the election administrator to perform a specific role delegated or assigned by that Part.
Article 304 authorizes certain individuals to the collection, use and disclosure of person-related data in accordance with the regulations. Article 76 provides for the Regulation to be abrogated with effect from 1 January 2017. The regulation is only foreseen for a sole elections to be on 28 May 2016.
This regulation is extended until 1 January 2017 to allow remaining positions to be filled after the first NIRC elections. As an example, an electoral statement must be made within six month of the elections and the electoral commissioner may impose penalties for not taking part in the elections.
Therefore, the Regulation will remain in effect until 1 January 2017 in order to prevent any doubts as to the applicability of these features, which must take place after the poll. In this section, a regulatory authority allows the Commonwealth Minister to adopt regulations on issues related to the Regulation through a law.