Norfolk Island Regional Council Declaration Ordinance 2016

Ordinance No. 11, 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated 05 May 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Paul Fletcher

Minister for Territories, Local Government and Major Projects

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Interpretation Act

Part 2—Council and councillors

6 Norfolk Island Regional Council

7 Councillors

Part 1—Preliminary

1  Name

  This is the Norfolk Island Regional Council Declaration Ordinance 2016.

2  Commencement

 (1) Each provision of this Ordinance 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.

Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.

 (2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.

3  Authority

  This Ordinance is made under section 19A of the Norfolk Island Act 1979.

4  Definitions

  In this Ordinance:

LGA means the Local Government Act 1993 (NSW) as in force in the Territory.

Note: The Local Government Act 1993 (NSW) is in force in the Territory under section 18A of the Norfolk Island Act 1979 and is amended by the Norfolk Island Applied Laws Ordinance 2016.

5  Interpretation Act

  The Interpretation Act 1979 (Norfolk Island) does not apply to this Ordinance.

Note: The Acts Interpretation Act 1901 applies instead because this Ordinance is a legislative instrument (see subsection 13(1) of the Legislation Act 2003).

Part 2—Council and councillors

6  Norfolk Island Regional Council

  For the purposes of the definition of Norfolk Island Regional Council in subsection 4(1) of the Act, the council constituted by section 219 of the LGA for the area constituted by section 204A of the LGA is declared to be the Norfolk Island Regional Council.

7  Councillors

 (1) At the final transition time, the persons elected in the election provided for by the Norfolk Island Regional Council Preparatory Election Ordinance 2016 become councillors of the Norfolk Island Regional Council.

 (2) After the final transition time, the LGA applies in relation to the persons mentioned in subsection (1) as if they had been elected to civic office in relation to the Norfolk Island Regional Council under the LGA at the final transition time.

Note: For example, a civic office becomes vacant in circumstances set out in section 234 of the LGA.