Commonwealth: Territories Law Reform Act 2010 (Cth)

Territories Law Reform Act 2010 Act No. 139 of 2010 as amended This compilation was prepared on 5 October 2012 taking into account amendments up to Act No. 136 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to Norfolk Island Part 1—General amendments Division 1—Amendment of the Norfolk Island Act 1979 Norfolk Island Act 1979 Division 2—Consequential amendments Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Environment Protection and Biodiversity Conservation Act 1999 Freedom of Information Act 1982 Hazardous Waste (Regulation of Exports and Imports) Act 1989 Historic Shipwrecks Act 1976 International Criminal Court Act 2002 International Transfer of Prisoners Act 1997 National Health Security Act 2007 Privacy Act 1988 Remuneration Tribunal Act 1973 Part 2—Amendments relating to elections Division 1—Dates for elections Norfolk Island Act 1979 Division 2—Other matters Norfolk Island Act 1979 Part 3—Amendments relating to finance Norfolk Island Act 1979 Part 4—Amendments relating to the Administrative Appeals Tribunal Administrative Appeals Tribunal Act 1975 Part 5—Amendments relating to freedom of information Freedom of Information Act 1982 Part 6—Amendments relating to the Ombudsman Norfolk Island Act 1979 Ombudsman Act 1976 Part 7—Amendments relating to privacy Australian Capital Territory Government Service (Consequential Provisions) Act 1994 Privacy Act 1988 Schedule 2—Amendments relating to Christmas Island Christmas Island Act 1958 Schedule 3—Amendments relating to the Cocos (Keeling) Islands Cocos (Keeling) Islands Act 1955 Notes An Act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes 1 Short title [see Note 1] This Act may be cited as the Territories Law Reform Act 2010. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 10 December 2010 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 11 December 2010 3. Schedule 1, Part 2 The start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. The Minister must announce by notice in the Gazette the time of the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. The notice is not a legislative instrument. 4. Schedule 1, Part 3 The day after this Act receives the Royal Assent. 11 December 2010 5. Schedule 1, Part 4 1 January 2011. 1 January 2011 6. Schedule 1, items 155 to 175 1 January 2011. 1 January 2011 7. Schedule 1, items 176 to 182 Immediately after the commencement of item 3 of Schedule 2 to the Freedom of Information Amendment (Reform) Act 2010. 1 May 2011 8. Schedule 1, items 183 to 239 1 January 2011. 1 January 2011 9. Schedule 1, Part 6 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 1, Part 7 1 January 2011. 1 January 2011 11. Schedules 2 and 3 The day after this Act receives the Royal Assent. 11 December 2010 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments relating to Norfolk Island Part 1—General amendments Division 1—Amendment of the Norfolk Island Act 1979 Norfolk Island Act 1979 1 Subsection 4(1) Insert: Chief Minister means the Chief Minister appointed under section 13. 2 Subsection 4(1) Insert: Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997. 3 Subsection 4(1) Insert: Commonwealth Gazette means the Commonwealth of Australia Gazette. 4 Subsection 4(1) Insert: Commonwealth Minister means a Minister of State of the Commonwealth. 5 Subsection 4(1) (definition of executive member) Repeal the definition. 6 Subsection 4(1) (definition of executive office) Repeal the definition. 7 Subsection 4(1) (definition of Finance Minister) Repeal the definition. 8 Subsection 4(1) Insert: Minister means: (a) the Chief Minister; or (b) a Minister appointed under section 13. 9 Subsection 4(1) Insert: Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island. 10 Subsection 4(1) Insert: Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1). 11 Subsection 4(1) Insert: responsible Commonwealth Minister means the Commonwealth Minister who administers this Act. 12 Paragraph 7(1)(e) Omit "Minister", substitute "responsible Commonwealth Minister". 13 Subsection 7(2) Omit "paragraph (1)(b)", substitute "paragraphs (1)(a) and (b)". 14 Subsection 7(2) Omit "that paragraph", substitute "paragraph (1)(a) or (b)". 15 Subsection 7(2) Omit "Minister", substitute "responsible Commonwealth Minister". 16 Subsection 7(3) Omit "Minister" (first occurring), substitute "responsible Commonwealth Minister". 17 Subsection 7(3) Omit "paragraph (1)(b)", substitute "paragraph (1)(a) or (b)". 18 Subsection 7(3) Omit "Minister" (second occurring), substitute "responsible Commonwealth Minister". 19 Section 9 Repeal the section, substitute: 9 Deputies of Administrator (1) The responsible Commonwealth Minister may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, and in that capacity to exercise during the pleasure of the responsible Commonwealth Minister such powers and functions of the Administrator as the responsible Commonwealth Minister assigns to the deputy or deputies. (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator. (3) A reference in a law of the Commonwealth to a Deputy Administrator of Norfolk Island is a reference to a deputy of the Administrator. 20 Subsection 10(2) Omit "The Deputy Administrator", substitute "A deputy of the Administrator". 21 Subsection 11(2) Repeal the subsection, substitute: (2) The Executive Council consists of: (a) the Chief Minister; and (b) such other Ministers as are appointed by the Administrator under section 13. 22 Subsection 11(8) Repeal the subsection. 23 Sections 12, 13 and 14 Repeal the sections, substitute: 12 Ministers (1) There is to be: (a) a Chief Minister of the Territory; and (b) at least one, and not more than 3, other Ministers of the Territory. (2) The matters in respect of which the Ministers have executive authority are the matters specified in Schedules 2 and 3. (3) A person who is employed in the Public Service of the Territory or of the Commonwealth is not eligible to be a Minister, and a person holding office as a Minister vacates his or her office if he or she becomes so employed. (4) For the purposes of subsection (3), a person who: (a) is an APS employee; or (b) is employed under a law relating to the Public Service of the Territory as a temporary employee; or (c) is employed under a law relating to the Public Service of a Territory or of the Commonwealth as an officer or employee to whom any provisions of that law do not apply; is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires. 12A Nomination of Chief Minister (1) At the first meeting of the Legislative Assembly after a general election, the members present must, after electing a Speaker and Deputy Speaker and before any other business, nominate one of their number to be the Chief Minister. (2) If there is a vacancy in the office of Chief Minister (otherwise than because of paragraph 14(1)(e) or (f)), then: (a) if the vacancy happens at a meeting of the Legislative Assembly—the members present must nominate one of their number to be the Chief Minister; or (b) if the vacancy happens at any other time—the Speaker must convene a meeting of the Legislative Assembly as soon as practicable and, at the meeting, the members present must nominate one of their number to be the Chief Minister. (3) If a resolution of no confidence in the Chief Minister is passed, the members present must nominate one of their number to be the Chief Minister. (4) The Speaker or Deputy Speaker is not eligible to be nominated as Chief Minister. (5) If a member of the Legislative Assembly is nominated to be the Chief Minister, the Legislative Assembly is taken to have advised the Administrator to appoint the member as the Chief Minister. 13 Appointment of Ministers (1) The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly as the Chief Minister. (2) The Administrator may, on the advice of the Chief Minister, appoint one or more other Ministers from among the members of the Legislative Assembly. Note: The maximum number of other Ministers is 3—see subsection 12(1). (3) An appointment under subsection (1) or (2) takes effect at the time when it is made or, if a later time is specified in the instrument of appointment, at that later time. (4) The Speaker or Deputy Speaker is not eligible to be appointed under subsection (2) as a Minister. 14 Termination Chief Minister (1) A person ceases to hold office as the Chief Minister when: (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or (b) he or she is dismissed from office by the Administrator under section 14A; or (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or (d) the Legislative Assembly passes a resolution of no confidence in him or her; or (e) a notice about a general election is published under subsection 39AB(1); or (f) the Legislative Assembly is dissolved under section 39AC; or (g) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to the office of Chief Minister takes effect; whichever first happens. Other Ministers (2) A person ceases to hold office as a Minister (other than the Chief Minister) when: (a) he or she ceases, by reason of his or her resignation or by reason of section 39 or 39AA, to be a member of the Legislative Assembly; or (b) he or she is dismissed from office by the Administrator under section 14A; or (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator; or (d) a notice about a general election is published under subsection 39AB(1); or (e) the Legislative Assembly is dissolved under section 39AC; or (f) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her most recent appointment to an office of Minister takes effect; whichever first happens. 14A Dismissal of Ministers (1) The Administrator may dismiss the Chief Minister from office if, in the Administrator's opinion, there are exceptional circumstances that justify the Administrator so doing. (2) The Administrator may dismiss a Minister from office on the advice of the Chief Minister. 24 Subsection 15(2) Omit "appointed to an executive office shall", substitute "appointed to an office of Minister must". Note: The heading to section 15 is altered by omitting "executive member" and substituting "Minister etc.". 25 Subsection 15(3) Omit "does not hold executive office", substitute "is not a Minister". 26 At the end of Part III Add: 15A Ministerial portfolios (1) The Chief Minister is to administer such matters relating to the powers of the Administration as are allocated to the Chief Minister from time to time by the Chief Minister. (2) A Minister (other than the Chief Minister) is to administer such matters relating to the powers of the Administration as are allocated to that Minister from time to time by the Chief Minister. (3) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister. (4) The Chief Minister must publish particulars of such arrangements in the Norfolk Island Government Gazette. 27 After subsection 21(1) Insert: (1A) If the proposed law was introduced into the Legislative Assembly by the Governor‑General, the Administrator must reserve the proposed law for the Governor‑General's pleasure. 28 At the end of paragraph 21(2)(a) Add: (iii) that he or she reserves the proposed law for the Governor‑General's pleasure; or 29 Subsection 21(5) Omit "Executive Council.", substitute "Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.". 30 Subsection 21(6) Omit "Minister", substitute "responsible Commonwealth Minister". 31 Subsection 22(3) Omit "21(2)", substitute "21(1A) or (2)". 32 At the end of Division 2 of Part IV Add: 26A Responsible Commonwealth Minister may introduce proposed law The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory. 33 At the end of paragraph 27(1)(a) Add "and". 34 Paragraph 27(1)(b) Omit "and". 35 Paragraph 27(1)(c) Repeal the paragraph. 36 Subsection 27(4) Omit "Minister", substitute "responsible Commonwealth Minister". 37 Subsection 28A(1) Omit "Minister", substitute "responsible Commonwealth Minister". 38 After subsection 35(1) Insert: (1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC. 39 At the end of Division 1 of Part V Add: 39AA Dismissal of members of the Legislative Assembly The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in: (a) seriously unlawful conduct; or (b) grossly improper conduct. 39AB Resolution of no confidence in the Chief Minister (1) If: (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC; a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette. (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days. (3) The specified day must not be the polling day for: (a) an election of the Senate; or (b) a general election of the House of Representatives. (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette. (5) During the period: (a) beginning when the notice is published under subsection (1); and (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1); the Administrator: (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General. (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation. (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day. (8) A notice under subsection (1) or (4) is not a legislative instrument. (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation. 39AC Dissolution of Legislative Assembly by the Governor‑General (1) If, in the opinion of the Governor‑General, the Legislative Assembly: (a) is incapable of effectively performing its functions; or (b) is conducting its affairs in a grossly improper manner; the Governor‑General may dissolve the Legislative Assembly. (2) If the Legislative Assembly is dissolved, a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette. (3) The specified day must not be earlier than 36 days, or later than 90 days, after the dissolution. (4) The specified day must not be the polling day for: (a) an election of the Senate; or (b) a general election of the House of Representatives. (5) As soon as practicable after the publication of the notice under subsection (2), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette. (6) During the period: (a) beginning when the Legislative Assembly is dissolved; and (b) ending when the Legislative Assembly meets after the first general election of the Legislative Assembly that takes place after the dissolution; the Administrator: (c) is to exercise all the powers of the Administration, the Executive Council and Ministers in accordance with any directions given by the Governor‑General; and (d) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General. (7) The powers of the Governor‑General under this section are to be exercised by Proclamation. (8) The responsible Commonwealth Minister must cause a statement of the reasons for the dissolution to be: (a) published in the Commonwealth Gazette and the Norfolk Island Government Gazette as soon as practicable after the dissolution; and (b) tabled in each House of the Parliament within 15 sitting days of that House after the dissolution. (9) A notice under subsection (2) or (5) is not a legislative instrument. (10) A Proclamation under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation. 40 At the end of section 42 Add: (7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business. 41 After section 42 Insert: 42A Resolution of no confidence in the Chief Minister (1) A resolution of no confidence in the Chief Minister passed by the Legislative Assembly has no effect unless: (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister; and (b) at least 14 days notice of the motion has been given in accordance with the standing rules and orders; and (c) the resolution is passed by at least the number of members necessary to be a quorum; and (d) the resolution is passed by a majority of the number of members present and voting at the meeting of the Assembly. (2) If a motion for a resolution of no confidence in the Chief Minister is being voted on by the Legislative Assembly, each member present at the meeting of the Assembly must cast a vote on the motion. 42 Section 49 Omit "Finance Minister" (wherever occurring), substitute "Commonwealth Finance Minister". 43 Subsection 50(1) Omit "Finance Minister", substitute "Commonwealth Finance Minister". 44 Subsection 50A(1) Omit "Finance Minister", substitute "Commonwealth Finance Minister". 45 Subsection 50A(2) Omit "Finance Minister" (wherever occurring), substitute "Commonwealth Finance Minister". 46 Subsection 50D(1) Omit "Finance Minister", substitute "Commonwealth Finance Minister". Note: The heading to section 50D is altered by omitting "Finance Minister" and substituting "Commonwealth Finance Minister". 47 Subsection 50D(1) Omit "Finance Minister's", substitute "Commonwealth Finance Minister's". 48 Subsection 50D(2) Omit "Finance Minister", substitute "Commonwealth Finance Minister". 49 Subsection 53(2) Omit "Minister", substitute "responsible Commonwealth Minister". 50 After section 61 Insert: 61A Norfolk Island Public Service Values (1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values. (2) A person appointed or employed under an enactment mentioned in section 61 must at all times behave in a way that upholds the Norfolk Island Public Service Values. 51 Section 62 Omit "Minister", substitute "responsible Commonwealth Minister". 52 Subsection 65(4) Omit "executive member", substitute "Minister". 53 Subsection 67(2) Omit all the words after "or 3,", substitute: but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless: (a) a copy of the proposed regulations has been tabled in the Legislative Assembly on a sitting day of the Legislative Assembly; and (b) at least one sitting day of the Legislative Assembly has occurred since the sitting day mentioned in paragraph (a). 54 Item 42 of Schedule 2 Omit "executive members", substitute "Ministers". 55 Schedule 6 Omit "holding executive office" (wherever occurring), substitute "holding office as a Minister". 56 Transitional—Chief Minister (1) This item applies to a person if: (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and (b) the person was designated as the Chief Minister. (2) The Norfolk Island Act 1979 as amended by this Division has effect as if, immediately after the commencement of this item, the Administrator had, on the advice of the Legislative Assembly, appointed the person as the Chief Minister under subsection 13(1) of that Act. (3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2). 57 Transitional—other Ministers (1) This item applies to a person if: (a) immediately before the commencement of this item, the person held an executive office under section 13 of the Norfolk Island Act 1979; and (b) the person was not designated as the Chief Minister. (2) The Norfolk Island Act 1979 as amended by this Division has effect as if the Administrator had, immediately after the commencement of this item, on the advice of the Chief Minister, appointed the person as a Minister under subsection 13(2) of that Act. (3) The Norfolk Island Act 1979 as amended by this Division has effect as if the person had complied with section 15 of that Act in relation to the appointment covered by subitem (2). 58 Transitional—maximum number of Ministers (1) This item applies if, immediately before the commencement of this item, the number (the transitional number) of persons holding executive office under section 13 of the Norfolk Island Act 1979 (other than the person who was designated as the Chief Minister) exceeded 3. (2) During the period: (a) beginning at the commencement of this item; and (b) ending at the start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the commencement of this item; the following provisions of the Norfolk Island Act 1979 as amended by this Division: (c) paragraph 12(1)(b); (d) the note at the end of subsection 13(2); have effect as if each reference in those provisions to 3 were a reference to the transitional number. 59 Application of amendments—nomination of Chief Minister Subsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item. 60 Application of amendments—presentation of proposed laws The amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item. Division 2—Consequential amendments Aboriginal and Torres Strait Islander Heritage Protection Act 1984 61 Subsection 13(1) (definition of Minister) Repeal the definition. Environment Protection and Biodiversity Conservation Act 1999 62 Subsection 393(3) Omit "person holding an office under section 13 of the Norfolk Island Act 1979", substitute "Minister of Norfolk Island". 63 Subsection 393(3) Omit "that Act", substitute "the Norfolk Island Act 1979". 64 Subsection 398(2) Omit "person holding an office under section 13 of the Norfolk Island Act 1979", substitute "Minister of Norfolk Island". 65 Subsection 398(2) Omit "that Act", substitute "the Norfolk Island Act 1979". Freedom of Information Act 1982 66 Subparagraph 4(3)(a)(iii) Omit "an executive office created pursuant to section 12 of the Norfolk Island Act 1979", substitute "of Minister of Norfolk Island". Hazardous Waste (Regulation of Exports and Imports) Act 1989 67 Subsection 42(4) Repeal the subsection. Historic Shipwrecks Act 1976 68 Paragraph 4A(12)(c) Omit "person holding office under section 13 of the Norfolk Island Act 1979", substitute "Minister of Norfolk Island". International Criminal Court Act 2002 69 Section 4 (paragraph (d) of the definition of State Minister) Omit "executive member (within the meaning of the Norfolk Island Act 1979)", substitute "Minister of Norfolk Island". 70 Section 4 (definition of State Minister) Omit "or executive member" (wherever occurring). 71 Section 4 (definition of State Minister) Omit "or executive member's". International Transfer of Prisoners Act 1997 72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister) Omit "executive member (within the meaning of the Norfolk Island Act 1979)", substitute "Minister of Norfolk Island". 73 Subsection 4(1) (definition of Territory Minister) Omit "or executive member" (wherever occurring). 74 Subsection 4(1) (definition of Territory Minister) Omit "or executive member's". National Health Security Act 2007 75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister) Repeal the paragraph, substitute: (d) the Minister of Norfolk Island; Privacy Act 1988 76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority) Repeal the subparagraphs. Remuneration Tribunal Act 1973 77 Paragraph 3(4)(jaa) Omit "executive member", substitute "Minister". Part 2—Amendments relating to elections Division 1—Dates for elections Norfolk Island Act 1979 78 Subsection 35(2) Omit "shall not be more than 3 years", substitute "must not be less than 3 years and must not be more than 4 years". 79 At the end of section 35 Add: (3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section. Division 2—Other matters Norfolk Island Act 1979 80 Subsection 31(3) After "this Act", insert "and regulations made for the purposes of subsection (4) or (5)". 81 At the end of section 31 Add: (4) The regulations may make provision for or in relation to the following matters: (a) the method of balloting; (b) the manner in which voters are to indicate their votes; (c) the manner in which voters' votes are to be used to obtain a result for an election; (d) matters incidental or ancillary to the above matters. (5) The regulations may make provision for or in relation to the following matters: (a) the filling of casual vacancies in the offices of members of the Legislative Assembly; (b) matters incidental or ancillary to the above matter. 82 Section 37 Repeal the section. 83 Before section 38 Insert: 37A Arrangements with the Australian Electoral Commission The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to: (a) general elections of members of the Legislative Assembly; and (b) the filling of casual vacancies in the offices of members of the Legislative Assembly. 84 Application of amendments (1) The amendments made by this Division, in so far as they relate to a general election of members of the Legislative Assembly, apply to a general election, where writs for the general election are issued after the commencement of this item. (2) The amendments made by this Division, in so far as they relate to a casual vacancy in the office of a member of the Legislative Assembly, apply in relation to a casual vacancy that occurs after the commencement of this item. Part 3—Amendments relating to finance Norfolk Island Act 1979 85 Subsection 4(1) (definition of accounts of the Territory) Repeal the definition. 86 Subsection 4(1) (definition of Auditor) Repeal the definition. 87 Subsection 4(1) Insert: Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island. 88 Subsection 4(1) Insert: Commonwealth Finance Minister's Orders means Orders made under section 48T. 89 Subsection 4(1) Insert: Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D. 90 Subsection 4(1) Insert: Federal Court means the Federal Court of Australia. 91 Subsection 4(1) Insert: financial management and accountability provisions means: (a) the provisions of Divisions 2, 3 and 4 of Part VI; or (b) regulations made for the purposes of a provision of Division 2 of Part VI; or (c) the Commonwealth Finance Minister's Orders. 92 Subsection 4(1) Insert: money of a Territory authority means: (a) money in the custody or under the control of a Territory authority; or (b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money; and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority. 93 Subsection 4(1) Insert: performance audit has the same meaning as in the Auditor‑General Act 1997. 94 Subsection 4(1) Insert: property of a Territory authority means: (a) property in the custody or under the control of a Territory authority; or (b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property; including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority. 95 Subsection 4(1) Insert: Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1). 96 Subsection 4(1) Insert: public money of the Territory means: (a) money in the custody or under the control of the Administration; or (b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money; and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island. 97 Subsection 4(1) (definition of public moneys of the Territory) Repeal the definition. 98 Subsection 4(1) Insert: public property of the Territory means: (a) property in the custody or under the control of the Administration; or (b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property; including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration. 99 Subsection 4(1) Insert: responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority. 100 Subsection 4(1) Insert: Territory authority means: (a) a body corporate established for a public purpose by or under an enactment; or (b) a body, entity, organisation or group of persons specified in the regulations; or (c) a body corporate in which: (i) the Administration; or (ii) a body corporate referred to in paragraph (a); or (iii) a body, entity, organisation or group of persons referred to in paragraph (b); has a controlling interest. For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual. 101 Section 25 Omit ", vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys", substitute "for the appropriation of public money". Note: The heading to section 25 is altered by omitting "votes" and substituting "Bills". 102 At the end of section 25 Add: Note: See also section 48 (withdrawals from the Public Account of Norfolk Island). 103 Paragraph 27(3)(a) Omit "moneys", substitute "money". 104 Section 46 Repeal the section. 105 Before section 47 Insert: Division 1—Public Account of Norfolk Island 106 Subsections 47(1) and (2) Omit "public moneys", substitute "public money". 107 Subsection 47(4) After "Public Account", insert "of Norfolk Island". 108 Subsection 47(4) Omit "moneys" (first occurring), substitute "money". 109 Subsection 47(4) Omit "those moneys", substitute "that money". 110 Subsection 47(5) After "Public Account", insert "of Norfolk Island". 111 Subsection 47(5) Omit "moneys" (first occurring), substitute "money". 112 Subsection 47(5) Omit "those moneys", substitute "that money". 113 Subsection 48(1) Omit "moneys", substitute "money". 114 Subsection 48(1) After "by", insert "an appropriation made by". 115 At the end of subsection 48(1) Add: Note: See also section 25 (proposal of money Bills). 116 Subsection 48(2) Omit "moneys", substitute "money". 117 After section 48 Insert: Division 2—Financial management and accountability 48A Preparation of annual budgets by the Minister for Finance (1) The Minister for Finance must prepare annual budgets in relation to: (a) the Administration; and (b) each Territory authority. (2) Annual budgets must be prepared in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) Annual budgets must be prepared within the period ascertained in accordance with: (a) the regulations; or (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister's Orders. (4) The Minister for Finance must cause a copy of each annual budget to be tabled in the Legislative Assembly as soon as practicable after it is prepared. (5) The Minister for Finance must give a copy of each annual budget to the Administrator as soon as practicable after it is prepared. (6) As soon as practicable after receiving a copy of an annual budget, the Administrator must send a copy of the annual budget to the responsible Commonwealth Minister. 48B Preparation of annual financial statements by the Minister for Finance (1) As soon as practicable after the end of each financial year, the Minister for Finance must prepare annual financial statements in relation to: (a) the Administration; and (b) each Territory authority. (2) The statements must be prepared in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) The Minister for Finance must give the statements to the Auditor‑General as soon as practicable after they are prepared. (4) If the Minister for Finance has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Minister for Finance must cause to be tabled in the Legislative Assembly a statement of the reasons why the statements were not given to the Auditor‑General within that period. 48C Audit of annual financial statements (1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report. (2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports. (3) The Auditor‑General must give a copy of each report to: (a) the Minister for Finance; and (b) the responsible Commonwealth Minister; and (c) the Administrator. (4) The Minister for Finance must cause a copy of each report to be tabled in the Legislative Assembly as soon as practicable after receiving the copy of the report. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements. (5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause: (a) a copy of the report; and (b) a copy of the annual financial statements to which the report relates; to be tabled in each House of the Parliament. 48D Audit fees for statement audits (1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General. (2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General. (3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed. (4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction. (5) In the annual report under section 28 of the Auditor‑General Act 1997, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the financial year concerned. (6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution. 48E Performance audits (1) The Auditor‑General may at any time conduct a performance audit of: (a) the Administration; or (b) a Territory authority. (2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must: (a) cause a copy of the report to be tabled in each House of the Parliament; and (b) give a copy of the report to: (i) the Minister for Finance; and (ii) the responsible Commonwealth Minister; and (iii) the Administrator; and (c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and (d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority. (3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General's opinion, has a special interest in the report or the content of the extract. (4) As soon as practicable after receiving a copy of the report, the Minister for Finance must cause a copy of the report to be tabled in the Legislative Assembly. 48F Comments on proposed performance audit report (1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer. (2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority. (3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Norfolk Island Minister or a Commonwealth Minister) who, or any body that, in the Auditor‑General's opinion, has a special interest in the report or the content of the extract. (4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report. (5) The Auditor‑General must, in the final report, include all written comments received under subsection (4). 48G Audits—application of the Auditor‑General Act 1997 (1) The Auditor‑General Act 1997 extends to Norfolk Island. (2) The Auditor‑General Act 1997 has effect as if: (a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and (b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and (c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and (d) a reference in section 30 of that Act to a House of the Parliament included a reference to the Legislative Assembly; and (e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and (f) a reference in section 33 of that Act to a Commonwealth authority included a reference to a Territory authority. (3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to: (a) the Administration; or (b) a Territory authority; as if: (c) a reference in that section to the Attorney‑General were a reference to the Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island; and (d) a reference in that section to the Cabinet included a reference to a body that: (i) consists of Ministers of Norfolk Island; and (ii) corresponds to the Cabinet; and (e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and (f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and (g) a reference in that section to a House of the Parliament included a reference to the Legislative Assembly; and (h) a reference in that section to the Prime Minister were a reference to the Chief Minister; and (i) a reference in that section to the Finance Minister were a reference to the Minister for Finance; and (j) a reference in that section to a responsible Minister were a reference to both: (i) a Minister of Norfolk Island; and (ii) the responsible Commonwealth Minister. 48H Preparation of periodic financial statements by the Minister for Finance (1) The Minister for Finance must prepare periodic financial statements in relation to: (a) the Administration; and (b) each Territory authority. (2) The statements must be prepared in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) The statements must be prepared within the period ascertained in accordance with: (a) the regulations; or (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister's Orders. (4) The Minister for Finance must cause a copy of the statements to be tabled in the Legislative Assembly as soon as practicable after the statements are prepared. (5) The Minister for Finance must give a copy of the statements to the Administrator as soon as practicable after they are prepared. (6) As soon as practicable after receiving a copy of the statements, the Administrator must send a copy of the statements to the responsible Commonwealth Minister. 48J Preparation of annual report by Chief Executive Officer (1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Chief Minister a report on the operations of: (a) the Administration; and (b) Territory authorities; during that year. (2) The report must be prepared in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) The Chief Minister must cause a copy of the report to be tabled in the Legislative Assembly as soon as practicable after receiving the report. (4) As soon as practicable after receiving the report, the Chief Minister must give a copy to the Administrator. (5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister. 48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority Scope (1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by: (a) section 48A; or (b) section 48B; or (c) section 48H; or (d) regulations made for the purposes of this Part; or (e) the Commonwealth Finance Minister's Orders. Requirement (2) The Minister for Finance may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Minister for Finance, within the period and in the manner and form specified in the notice, any such information. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so. 48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority Scope (1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by: (a) this Part; or (b) regulations made for the purposes of this Part; or (c) the Commonwealth Finance Minister's Orders. Requirement (2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so. 48M Promoting efficient, effective and ethical use etc. of Administration resources (1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible. (2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister's Orders and any other law. (3) In this section: proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration. 48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities (1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible. (2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister's Orders and any other law. (3) In this section: proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration. 48P Accounts and records of the Administration (1) The Minister for Finance must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration. (2) The accounts and records must be prepared and kept in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) The Minister for Finance must ensure that the accounts and records are retained for the period ascertained in accordance with: (a) the regulations; or (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister's Orders. 48Q Accounts and records of Territory authorities (1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority. (2) The accounts and records must be prepared and kept in accordance with: (a) the regulations; and (b) the Commonwealth Finance Minister's Orders. (3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with: (a) the regulations; or (b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister's Orders. 48R Regulations about financial management and accountability—Administration (1) The regulations may make provision in relation to the following matters: (a) public money of the Territory; (b) public property of the Territory; (c) other resources of the Administration. (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters: (a) the control and management of public money of the Territory; (b) financial and accounting systems in relation to: (i) public money of the Territory; or (ii) public property of the Territory; or (iii) other resources of the Administration; (c) the control and management of grants of public money of the Territory; (d) the control and management of public property of the Territory; (e) the procurement of property and services by the Administration; (f) the disposal of public property of the Territory; (g) the audit of the annual financial statements prepared under section 48B in relation to the Administration. (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following: (a) the proper use and management of: (i) public money of the Territory; or (ii) public property of the Territory; or (iii) other resources of the Administration; (b) proper accountability for the use and management of: (i) public money of the Territory; or (ii) public property of the Territory; or (iii) other resources of the Administration. (4) Regulations made for the purposes of subsection (1) may confer functions or powers on: (a) the Auditor‑General; or (b) the Minister for Finance; or (c) the Chief Executive Officer; or (d) the responsible manager or managers of a Territory authority. (5) Subsections (2), (3) and (4) do not limit subsection (1). (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency. 48S Regulations about financial management and accountability—Territory authorities (1) The regulations may make provision in relation to the following matters: (a) money of a Territory authority; (b) property of a Territory authority; (c) other resources of a Territory authority. (2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters: (a) the control and management of money of a Territory authority; (b) financial and accounting systems in relation to: (i) money of a Territory authority; or (ii) property of a Territory authority; or (iii) other resources of a Territory authority; (c) the control and management of grants of money of a Territory authority; (d) the control and management of property of a Territory authority; (e) the procurement of property and services by a Territory authority; (f) the disposal of property of a Territory authority; (g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority. (3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following: (a) the proper use and management of: (i) money of a Territory authority; or (ii) property of a Territory authority; or (iii) other resources of a Territory authority; (b) proper accountability for the use and management of: (i) money of a Territory authority; or (ii) property of a Territory authority; or (iii) other resources of a Territory authority. (4) Regulations made for the purposes of subsection (1) may confer functions or powers on: (a) the Auditor‑General; or (b) the Minister for Finance; or (c) the Chief Executive Officer; or (d) the responsible manager or managers of a Territory authority. (5) Subsections (2), (3) and (4) do not limit subsection (1). (6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency. 48T Commonwealth Finance Minister's Orders (1) The Commonwealth Finance Minister may, by legislative instrument, make Orders: (a) on any matter on which this Act requires or permits Commonwealth Finance Minister's Orders to be made; and (b) on any matter on which regulations may be made for the purposes of: (i) subsection 48R(1); or (ii) subsection 48S(1). (2) An Order cannot create offences or impose penalties. (3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency. 118 Before section 49 Insert: Division 3—Borrowing etc. 119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G Repeal the sections, substitute: Division 4—Commonwealth Ministers to be kept informed 51 Minister for Finance must keep responsible Commonwealth Minister informed (1) The Minister for Finance must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires. (2) A report, document or information required under subsection (1) must be relevant to: (a) this Part; or (b) regulations made for the purposes of this Part; or (c) the Commonwealth Finance Minister's Orders. (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister. 51A Minister for Finance must keep Commonwealth Finance Minister informed (1) The Minister for Finance must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires. (2) A report, document or information required under subsection (1) must be relevant to: (a) this Part; or (b) regulations made for the purposes of this Part; or (c) the Commonwealth Finance Minister's Orders. (3) The Minister for Finance must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister. 51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed (1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires. (2) A report, document or information required under subsection (1) must be relevant to: (a) this Part; or (b) regulations made for the purposes of this Part; or (c) the Commonwealth Finance Minister's Orders. (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister. 51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed (1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires. (2) A report, document or information required under subsection (1) must be relevant to: (a) this Part; or (b) regulations made for the purposes of this Part; or (c) the Commonwealth Finance Minister's Orders. (3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister. Division 5—Commonwealth Financial Officer for Norfolk Island 51D Commonwealth Financial Officer for Norfolk Island (1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island. (2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to: (a) be appointed by the Governor‑General; and (b) hold office during the pleasure of the Governor‑General. (3) The regulations may: (a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to: (i) the receipt or payment of money by the Administration or a Territory authority; or (ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and (b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers. (4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency. (5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island. Division 6—Injunctions 51E Injunctions—enforcement of financial management and accountability provisions Restraining injunctions (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction: (a) restraining the person from engaging in the conduct; and (b) if, in the Court's opinion, it is desirable to do so—requiring the person to do something. Performance injunctions (2) If: (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and (b) the refusal or failure was, is or would be a contravention of any of the financial management and accountab