Territories Legislation Amendment Act 2016 (Cth)

Territories Legislation Amendment Act 2016 No. 33, 2016 An Act to amend the law relating to Territories, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—New Zealand citizens residing on Norfolk Island Norfolk Island Legislation Amendment Act 2015 Schedule 2—Claims for assistance made by Norfolk Island residents before 1 July 2016 Norfolk Island Legislation Amendment Act 2015 Schedule 3—Child support for Indian Ocean Territory residents Part 1—Amendments Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Part 2—Transitional provisions Schedule 4—Norfolk Island electoral arrangements Part 1—Amendments Commonwealth Electoral Act 1918 Referendum (Machinery Provisions) Act 1984 Part 2—Transitional provisions Schedule 5—Application of Acts to Norfolk Island Part 1—General amendments Division 1—Amendments Acts Interpretation Act 1901 Norfolk Island Act 1979 Division 2—Transitional provisions Part 2—Specific amendments Agricultural and Veterinary Chemicals Act 1994 Australian Capital Territory (Self‑Government) Act 1988 Australian National Preventive Health Agency Act 2010 Australian Postal Corporation Act 1989 Australian Securities and Investments Commission Act 2001 Bankruptcy Act 1966 Bankruptcy (Estate Charges) Act 1997 Broadcasting Services Act 1992 Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 Business Names Registration Act 2011 Competition and Consumer Act 2010 Copyright Act 1968 Cross‑Border Insolvency Act 2008 Customs Licensing Charges Act 1997 Customs Securities (Penalties) Act 1981 Customs Tariff Act 1995 Customs Tariff (Anti‑Dumping) Act 1975 Customs Undertakings (Penalties) Act 1981 Do Not Call Register Act 2006 Education Services for Overseas Students Act 2000 Equal Employment Opportunity (Commonwealth Authorities) Act 1987 Excise Act 1901 Export Control Act 1982 Fair Entitlements Guarantee Act 2012 Fair Work Act 2009 Federal Proceedings (Costs) Act 1981 Gene Technology Act 2000 Health Insurance Commission (Reform and Separation of Functions) Act 1997 Hearing Services and AGHS Reform Act 1997 Imported Food Charges (Collection) Act 2015 Imported Food Charges (Imposition—Customs) Act 2015 Imported Food Charges (Imposition—Excise) Act 2015 Imported Food Charges (Imposition—General) Act 2015 Imported Food Control Act 1992 Import Processing Charges Act 2001 Independent Contractors Act 2006 Industry Research and Development Act 1986 Insurance Contracts Act 1984 Motor Vehicle Standards Act 1989 National Land Transport Act 2014 Passenger Movement Charge Collection Act 1978 Plant Breeder's Rights Act 1994 Protection of Movable Cultural Heritage Act 1986 Public Order (Protection of Persons and Property) Act 1971 Road Safety Remuneration Act 2012 Telecommunications Act 1997 Telecommunications (Carrier Licence Charges) Act 1997 Telecommunications (Industry Levy) Act 2012 Telecommunications (Interception and Access) Act 1979 Telecommunications (Numbering Charges) Act 1997 Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991 Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 Tradex Duty Imposition (Customs) Act 1999 Tradex Duty Imposition (Excise) Act 1999 Tradex Duty Imposition (General) Act 1999 Water Efficiency Labelling and Standards Act 2005 Workplace Gender Equality Act 2012 Schedule 6—Nature of Norfolk Island Regional Council Norfolk Island Legislation Amendment Act 2015 Territories Legislation Amendment Act 2016 No. 33, 2016 An Act to amend the law relating to Territories, and for related purposes [Assented to 23 March 2016] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Territories Legislation Amendment Act 2016. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 23 March 2016 2. Schedules 1 and 2 The day after this Act receives the Royal Assent. 24 March 2016 3. Schedule 3, Part 1 Immediately after the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015. 1 July 2016 4. Schedule 3, Part 2 The day after this Act receives the Royal Assent. 24 March 2016 5. Schedule 4, Part 1 At the same time as Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 commences. 1 July 2016 6. Schedule 4, Part 2 The day after this Act receives the Royal Assent. 24 March 2016 7. Schedule 5 1 July 2016. 1 July 2016 8. Schedule 6 The day after this Act receives the Royal Assent. 24 March 2016 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 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—New Zealand citizens residing on Norfolk Island Norfolk Island Legislation Amendment Act 2015 1 Item 323 of Schedule 2 Repeal the item. Schedule 2—Claims for assistance made by Norfolk Island residents before 1 July 2016 Norfolk Island Legislation Amendment Act 2015 1 Paragraph 381(a) of Schedule 2 Omit "4‑week", substitute "8‑week". 2 After subitem 382(1) of Schedule 2 Insert: (1A) If: (a) an application for acceptance by the Registrar of an agreement made in relation to a child was made during the 8‑week period ending at the final transition time; and (b) when the application was made: (i) the applicant was ordinarily resident on Norfolk Island; or (ii) the child was ordinarily resident on Norfolk Island; or (iii) a parent of the child was ordinarily resident on Norfolk Island; and (c) assuming that the agreement had been entered into and made at the time (the deemed agreement time) immediately after the final transition time, the agreement would have been a child support agreement at the deemed agreement time; and (d) assuming that the application had been made immediately after the deemed agreement time, it would have been in accordance with Division 3 of Part 6 of the Child Support (Assessment) Act 1989; the agreement is taken to have been entered into and made at the deemed agreement time, and the application is taken to have been made immediately after the deemed agreement time. (1B) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not apply in relation to an agreement and an application taken under subitem (1A) to have been made in relation to a child if an application for administrative assessment of child support in respect of the child is taken under subitem (1) to have been made immediately after the final transition time. (1C) Subitems (1), (1A) and (1B) do not apply in relation to: (a) an application that was properly made under the Child Support (Assessment) Act 1989 before the final transition time; or (b) an agreement that was a child support agreement before the final transition time. 3 Subitem 382(2) of Schedule 2 Insert: child support agreement has the same meaning as in the Child Support (Assessment) Act 1989. Registrar has the same meaning as in the Child Support (Assessment) Act 1989. Schedule 3—Child support for Indian Ocean Territory residents Part 1—Amendments Child Support (Assessment) Act 1989 1 Section 10 Omit "(other than a person who is a resident of Australia solely because the definition of Australia in that Act includes an external Territory other than Norfolk Island)". Child Support (Registration and Collection) Act 1988 2 Subsection 4(1) (paragraph (a) of the definition of resident of Australia) Omit "(other than a person who is a resident of Australia solely because the definition of Australia in that Act includes an external Territory other than Norfolk Island)". Part 2—Transitional provisions 3 Early claims (1) If: (a) an application for administrative assessment of child support in respect of a child is made during the 8‑week period ending at the start of 1 July 2016; and (b) when the application is made: (i) the applicant is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or (ii) the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or (iii) a parent of the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and (c) assuming that the application had been made immediately after the commencement of Part 1 of this Schedule, it would have been in accordance with Division 1 of Part 4 of the Child Support (Assessment) Act 1989; the application is taken to be made immediately after that commencement. (2) If: (a) an application for acceptance by the Registrar of an agreement made in relation to a child is made during the 8‑week period ending at the start of 1 July 2016; and (b) when the application is made: (i) the applicant is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or (ii) the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or (iii) a parent of the child is ordinarily resident in the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and (c) assuming that the agreement had been entered into and made at the time (the deemed agreement time) immediately after the commencement of Part 1 of this Schedule, the agreement would have been a child support agreement at the deemed agreement time; and (d) assuming that the application had been made immediately after the deemed agreement time, it would have been in accordance with Division 3 of Part 6 of the Child Support (Assessment) Act 1989; the agreement is taken to be entered into and made at the deemed agreement time, and the application is taken to be made immediately after the deemed agreement time. (3) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not apply in relation to an agreement and an application taken under subitem (2) to have been made in relation to a child if an application for administrative assessment of child support in respect of the child is taken under subitem (1) to have been made immediately after the commencement of Part 1 of this Schedule. (4) Subitems (1), (2) and (3) do not apply in relation to: (a) an application that is properly made under the Child Support (Assessment) Act 1989 before 1 July 2016; or (b) an agreement that is a child support agreement before 1 July 2016. (5) In this item: administrative assessment has the same meaning as in the Child Support (Assessment) Act 1989. child support has the same meaning as in the Child Support (Assessment) Act 1989. child support agreement has the same meaning as in the Child Support (Assessment) Act 1989. Registrar has the same meaning as in the Child Support (Assessment) Act 1989. Schedule 4—Norfolk Island electoral arrangements Part 1—Amendments Commonwealth Electoral Act 1918 1 Subsection 4(1) (definition of Australian Capital Territory) After "includes", insert "Norfolk Island and". 2 Subsection 4(1) (definition of Controller‑General of Prisons) Repeal the definition, substitute: Controller‑General of Prisons: (a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and (b) of a non‑self‑governing Territory—means the principal officer (however described) having control of the prisons and gaols of the non‑self‑governing Territory. 3 Subsection 4(1) Insert: non‑self‑governing Territory means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands. 4 Subsection 4(1) (definition of Registrar‑General) Repeal the definition, substitute: Registrar‑General: (a) of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and (b) of a non‑self‑governing Territory—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non‑self‑governing Territory. 5 Section 4B Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory". 6 Section 38A Insert: Australian Capital Territory includes the Jervis Bay Territory but does not include Norfolk Island. 7 Section 38A (definition of Territory) Omit "other than Norfolk Island". 8 After subsection 40(6) Insert: (6A) Until Norfolk Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if Norfolk Island were a part of the Australian Capital Territory. 9 Subsection 45(1) Omit "(1)". 10 Subsection 45(2) Repeal the subsection. 11 After paragraph 46(1)(d) Insert: (da) Norfolk Island; 12 After paragraph 46(1B)(c) Insert: (ca) the population of Norfolk Island; 13 Subsection 46(2) Repeal the subsection. 14 Paragraph 48(1)(b) After "(2B),", insert "(2BA),". 15 Subsection 48(2A) After "(2B),", insert "(2BA),". 16 After subsection 48(2B) Insert: (2BA) Subject to subsection (2F), if the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in Norfolk Island, the following provisions have effect: (a) the ascertainments under section 46, and the determinations under this section, in respect of Norfolk Island, and in respect of the Australian Capital Territory, are taken never to have been made; (b) Norfolk Island is taken to be part of the Australian Capital Territory; (c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible: (i) ascertain, under section 46, the number of the people of the Australian Capital Territory; and (ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Australian Capital Territory at a general election. (2BB) To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section. Note: Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1). 17 After subparagraph 48(2F)(a)(i) Insert: (ia) subparagraph (2BA)(c)(ii); or 18 Subsection 48(2F) (note) Repeal the note, substitute: Note: In certain circumstances, the number of the people of the Australian Capital Territory or the Northern Territory will have been re‑ascertained in accordance with section 46 because of the operation of subsection (2BA) or (2C). 19 Subsection 48(2G) After "paragraphs", insert "(2BA)(c),". 20 After sub‑subparagraph 49(1)(a)(i)(D) Insert: (DA) Norfolk Island; 21 Subsection 49(1) (note) Omit "to the subsection 4(1) definition of the Australian Capital Territory, to subsection 45(2), to subsection 46(2) or to subsection 48(2C)", substitute "to subsection 48(2BA), (2C)". 22 Section 51 Omit "Subject to subsection 95AA(3), a", substitute "A". 23 After section 56 Insert: 56AA Inclusion of Territories in Australian Capital Territory Divisions (1) Any distribution or redistribution of the Australian Capital Territory into Electoral Divisions under this Act must be such that the whole of the Jervis Bay Territory is included in one Electoral Division. (2) Until the Electoral Commissioner, under subsection 48(2A), determines that a member of the House of Representatives be chosen in Norfolk Island at a general election, any distribution or redistribution of the Australian Capital Territory into Electoral Divisions under this Act must be such that: (a) the whole of Norfolk Island is included in one Electoral Division; and (b) if there is more than one Electoral Division—Norfolk Island and the Jervis Bay Territory are included in different Electoral Divisions. 24 Section 56A (heading) Repeal the heading, substitute: 56A Inclusion of Territories in Northern Territory Divisions 25 Subsection 66(4) Repeal the subsection. 26 At the end of section 66 Add: Note: See also sections 56AA and 56A in relation to redistributions of the Australian Capital Territory and the Northern Territory. 27 At the end of subsection 73(1) Add: Note: See also sections 56AA and 56A in relation to redistributions of the Australian Capital Territory and the Northern Territory. 28 Subsection 73(5) Repeal the subsection. 29 Subsections 94(16) and 95(17) Repeal the subsections. 30 Sections 95AA, 95AB and 95AC Repeal the sections. 31 Subsection 96(13) (definition of Australia) Repeal the definition. 32 Paragraph 98AA(2)(a) After "Territory", insert ", or a law in force in Norfolk Island". 33 Subsection 99(3) Omit "95AA,". 34 Subsection 101(1) Omit "Subject to subsection (5A), every", substitute "Every". 35 Subsection 101(1A) Repeal the subsection. 36 Subsection 101(4) Omit "Subject to subsection (5A), every", substitute "Every". 37 Subsection 101(5) Omit "Subject to subsection (5A), if", substitute "If". 38 Subsection 101(5A) Repeal the subsection. 39 Section 108 Omit "shall", substitute "of a State must". 40 At the end of section 108 Add: Note: For the application of this section to the Australian Capital Territory, the Northern Territory and the non‑self‑governing Territories, see section 112. 41 Section 109 (note 2) Repeal the note, substitute: Note 2: For the application of this section to the Australian Capital Territory, the Northern Territory and the non‑self‑governing Territories, see section 112. 42 Section 112 Omit "This Part", substitute "(1) This Part". 43 At the end of section 112 Add: Application of sections 108 and 109 to the Australian Capital Territory (2) For the purposes of the application of sections 108 and 109 in relation to the Australian Capital Territory: (a) the Australian Capital Territory does not include Norfolk Island or the Jervis Bay Territory; and (b) subject to subsections (3) and (5), those sections apply in relation to Norfolk Island as if references in those sections to a State were references to Norfolk Island; and (c) subject to subsections (4) and (5), those sections apply in relation to the Jervis Bay Territory as if references in those sections to a State were references to the Jervis Bay Territory. (3) For the purposes of the application of section 108 in relation to Norfolk Island, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the responsible Commonwealth Minister (within the meaning of the Norfolk Island Act 1979). (4) For the purposes of the application of section 108 in relation to the Jervis Bay Territory, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Jervis Bay Territory Acceptance Act 1915. (5) For the purposes of the application of subsection 109(2) in relation to Norfolk Island or the Jervis Bay Territory, the reference in that subsection to an election for a Division in a State is taken to be a reference to an election for a Division in the Australian Capital Territory. Application of sections 108 and 109 to the Northern Territory (6) For the purposes of the application of sections 108 and 109 in relation to the Northern Territory: (a) the Northern Territory does not include the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and (b) subject to subsections (7) and (9), those sections apply in relation to the Territory of Christmas Island as if references in those sections to a State were references to the Territory of Christmas Island; and (c) subject to subsections (8) and (9), those sections apply in relation to the Territory of Cocos (Keeling) Islands as if references in those sections to a State were references to the Territory of Cocos (Keeling) Islands. (7) For the purposes of the application of section 108 in relation to the Territory of Christmas Island, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Christmas Island Act 1958. (8) For the purposes of the application of section 108 in relation to the Territory of Cocos (Keeling) Islands, the reference in paragraph 108(b) to a Minister of the State is taken to be a reference to the Minister administering the Cocos (Keeling) Islands Act 1955. (9) For the purposes of the application of subsection 109(2) in relation to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, the reference in that subsection to an election for a Division in a State is taken to be a reference to an election for a Division in the Northern Territory. 44 Subsection 227(4A) Omit "State or Territory", substitute "place". 45 Section 394 Repeal the section, substitute: 394 No State or Territory vote to be held on polling day (1) On the day appointed as polling day for an election of the Senate or a general election of the House of Representatives, no election, referendum or vote of the electors of a State or Territory or part of a State or Territory may, without the authority of the Governor‑General, be held or taken under a law of the State or Territory. (2) On the day appointed as polling day for an election of the Senate or a general election of the House of Representatives, no election, referendum or vote of the electors of Norfolk Island may, without the authority of the Governor‑General, be held or taken under a law in force in Norfolk Island. (3) In subsection (1): Territory means: (a) the Australian Capital Territory, not including Norfolk Island; or (b) the Northern Territory. Referendum (Machinery Provisions) Act 1984 46 Subsection 3(1) (definition of Australian Capital Territory) After "includes", insert "Norfolk Island and". 47 Section 3B Omit ", of the Northern Territory and of Norfolk Island", substitute "and of the Northern Territory". 48 Section 98A Repeal the section. Part 2—Transitional provisions 49 Definitions In this Part: commencement time means the commencement of Part 1 of this Schedule. responsible Commonwealth Minister has the same meaning as in the Norfolk Island Act 1979. rules means rules made under subitem 60(1). 50 Norfolk Island taken to be included in Australian Capital Territory Division Until the first distribution or redistribution of the Australian Capital Territory that is determined under subsection 73(1) or 76(6) of the Commonwealth Electoral Act 1918, and that takes effect on or after the commencement time, the whole of Norfolk Island is taken to be included in the Division in the Australian Capital Territory that does not include the Jervis Bay Territory. 51 Action in relation to enrolments on State and Northern Territory Rolls (1) This item applies if, immediately before the commencement time, a person's name is on the Roll (the old Roll) for a Division in a State or the Northern Territory because of subsection 95AA(2) or (3) of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time). (2) The Electoral Commissioner must: (a) transfer the person's name by: (i) deleting the person's name from the old Roll; and (ii) deleting the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the old Roll; and (iii) entering the person's name and other particulars required by section 83 of the Commonwealth Electoral Act 1918 on the Roll (the new Roll) for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory; and (b) notify the person in writing of the actions taken under paragraph (a). (3) However, if the Electoral Commissioner is satisfied that the person is not entitled to be enrolled on the new Roll: (a) subitem (2) does not apply; and (b) the Electoral Commissioner must delete the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the old Roll; and (c) if the rules require or permit the Electoral Commissioner to take specified action in relation to the person's enrolment, the Electoral Commissioner must or may (as the case may be) take that action; and (d) the Electoral Commissioner must notify the person in writing of: (i) the action taken under paragraph (b); and (ii) any action taken under paragraph (c). (4) Despite subitem (2), the Electoral Commissioner must not take an action under paragraph (2)(a) within a period: (a) starting at 8 pm on the day of the close of the new Roll for an election to be held in the Division in the Australian Capital Territory that does not include the Jervis Bay Territory; and (b) ending on the close of the poll for the election. (5) Despite subitem (3), the Electoral Commissioner must not take an action under paragraph (3)(b) or (c) in relation to a Roll for a Division within a period: (a) starting at 8 pm on the day of the close of the Roll for an election to be held in the Division; and (b) ending on the close of the poll for the election. 52 Action in relation to enrolments on Australian Capital Territory Roll (1) This item applies if, immediately before the commencement time, a person's name is on the Roll for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory because of subsection 95AA(3) of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time). (2) The Electoral Commissioner: (a) must alter the person's enrolment by deleting the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the Roll; and (b) may make any additions, alterations or corrections to the Roll that are necessary to ensure that the Roll contains the person's particulars as required by section 83 of the Commonwealth Electoral Act 1918; and (c) must notify the person in writing of: (i) the action taken under paragraph (a); and (ii) any action taken under paragraph (b). (3) However, if the Electoral Commissioner is satisfied that the person is not entitled to be enrolled for the Division in the Australian Capital Territory that does not include the Jervis Bay Territory: (a) subitem (2) does not apply; and (b) the Electoral Commissioner must delete the annotation made under section 95AC of the Commonwealth Electoral Act 1918 (as in force immediately before the commencement time) in respect of the person's name from the Roll; and (c) if the rules require or permit the Electoral Commissioner to take specified action in relation to the person's enrolment, the Electoral Commissioner must or may (as the case may be) take that action; and (d) the Electoral Commissioner must notify the person in writing of: (i) the action taken under paragraph (b); and (ii) any action taken under paragraph (c). (4) Despite subitem (2), the Electoral Commissioner must not take an action under paragraph (2)(a) or (b) within a period: (a) starting at 8 pm on the day of the close of the Roll for an election to be held in the Division in the Australian Capital Territory that does not include the Jervis Bay Territory; and (b) ending on the close of the poll for the election. (5) Despite subitem (3), the Electoral Commissioner must not take an action under paragraph (3)(b) or (c) in relation to a Roll for a Division within a period: (a) starting at 8 pm on the day of the close of the Roll for an election to be held in the Division; and (b) ending on the close of the poll for the election. 53 Electronic notification—notices under items 51 and 52 A notice may be given under item 51 or 52 of this Schedule by an electronic communication as defined in the Electronic Transactions Act 1999, whether or not the person consents as described in paragraph 9(2)(d) of that Act. This does not limit the ways in which the notice may be given. 54 Delegation by Electoral Commissioner (1) The Electoral Commissioner may, in writing, delegate all or any of his or her powers or functions under item 51 or 52 of this Schedule to any of the following: (a) any officer; (b) any other member of the staff of the Electoral Commission. Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people. (2) In exercising powers or performing functions delegated under subitem (1), the delegate must comply with any directions of the Electoral Commissioner. 55 Early claims for enrolment If: (a) a claim for enrolment is made during the 8‑week period ending at the commencement time; and (b) when the claim is made, the claimant lives in Norfolk Island; and (c) assuming that the claim had been made immediately after the commencement time, it would have been in accordance with the Commonwealth Electoral Act 1918; the claim is taken to have been made immediately after the commencement time. 56 Additions etc. to new Rolls Section 87 of the Commonwealth Electoral Act 1918 applies as if the reference in that section to action taken under section 103A or 103B of that Act included a reference to action taken under item 51 or 52 of this Schedule. 57 Disclosures or communications to courts Section 390 of the Commonwealth Electoral Act 1918 applies as if: (a) the reference in paragraph 390(1)(a) to a copy of a notice given under section 103A or 103B or anything received in response to a notice given under subsection 103A(2) or 103B(2) of that Act included a reference to a copy of a notice given under item 51 or 52 of this Schedule or anything received in response to a notice given under item 51 or 52 of this Schedule; and (b) the reference in subparagraph 390(1)(b)(ii) to anything done under subsection 103A(2), (3), (4) or (6), or subsection 103B(2), (3), (4) or (6) of that Act included a reference to anything done under item 51 or 52 of this Schedule. 58 Notices relating to enrolment etc. not to be subject to warrants Section 390A of the Commonwealth Electoral Act 1918 applies as if the reference in subsection 390A(1) to a copy of a notice given under section 103