House of Representatives Committees

| Joint Standing Committee on National Capital and External Territories

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An advisory report on the Territories Law Reform Bill 2010

11 May 2010

View the report as a single document - (PDF 566KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 93KB)
Chair’s foreword Membership of the committee Committee secretariat Terms of reference List of abbreviations List of recommendations

Chapter 1 Introduction	(PDF 114KB)
Background Purpose and overview of the Bill General comments about the Bill Development of regulations Financial impact of the Bill Conclusions Scope of the inquiry Conduct of the review Report structure

Chapter 2 Part 1 – General amendments	(PDF 253KB)
1BBackground 2BSummary of key sections 3BProposed subsections 7(2) and 7(3) – Broadening the Administrator’s authority to seek Commonwealth advice on Schedule 2 and Schedule 3 matters 15BAnalysis 16BConclusions 4BProposed new section 9 – Power of Commonwealth Minister to appoint a deputy or deputies of the Administrator 18BAnalysis 19BConclusions 5BProposed new section 12 – provision of a Chief Minister and not more than 3 Ministers 21BAnalysis 22BConclusions 6BProposed new sections 12A and 13 – nomination and appointment of Chief Minister and appointment of Ministers 24BAnalysis 25BConclusions 7BProposed new section 14A – powers of dismissal 27BAnalysis 28BConclusions 8BProposed new section 15A – Allocating ministerial responsibilities 30BAnalysis 31BConclusions 9BProposed subsection 21 (1A), subparagraph 21(2)(a)(iii), subsection 21(5) and new section 26A – Accessing advice on Schedule 2 and 3 matters and empowering Governor-General to reserve legislation 33BAnalysis 34BConclusions 10BProposed section 39AA – Power of Administrator to dismiss a member of the Legislative Assembly from office for seriously unlawful conduct or grossly improper conduct 36BAnalysis 37BConclusions 11BProposed section 39AC – Dissolution of Legislative Assembly by the Governor-General 39BAnalysis 40BConclusions 12BProposed subsection 61A – Regulations prescribing Norfolk Island public service values 42BAnalysis 43BConclusions 13BProposed subsection 67(2) – Power of Governor-General to make regulations to repeal, alter or add to Schedules 2 or 3 of the Norfolk Island Act 45BAnalysis 46BConclusions

Chapter 3 Part 2 – Amendments relating to elections	(PDF 108KB)
Summary of key sections Proposed subsections 31(4) and (5) – regulations to determine method for counting and casting votes Analysis Proposed subsections 35(2), 35(3) – terms of Legislative Assembly Analysis Proposed section 37A Arrangements with the Australian Electoral Commission Analysis Conclusions

Chapter 4 Part 3 – Amendments relating to finance	(PDF 159KB)
Background Summary of key sections A new financial framework Purpose of the new financial framework Regulations and orders Implementation of a new financial framework Conclusions Proposed subsection 4(1) – definition of responsible manager Analysis Conclusions Proposed new section 48(F) – Requirement of Commonwealth Auditor-General to seek comments on proposed performance audit reports Analysis Conclusions Proposed new section 51D - option to appoint a Commonwealth Financial Officer for Norfolk Island Analysis Conclusions Proposed new section 51E – Power of Commonwealth Minister to apply for an injunction to force compliance with financial management and accountability provisions Analysis Conclusions

Chapter 5 Parts 4-7 – Amendments relating to the Administrative Appeals Tribunal, freedom of information, the Ombudsman and privacy	(PDF 119KB)
Introduction Part 4 – Amendments relating to the Administrative Appeals Tribunal Analysis Part 5 – Amendments relating to freedom of information Analysis Part 6 – Amendments relating to the Ombudsman Analysis Part 7 – Amendments relating to privacy Analysis Conclusions

Chapter 6 Schedules 2 and 3 – Amendments relating to Australia’s Indian Ocean Territories	(PDF 80KB)
Background Summary of key sections Proposed new section 8G – arrangements for vesting and delegating powers under WA laws applied on Christmas Island and the Cocos (Keeling) Islands Analysis Conclusions

Chapter 7 Additional issues	(PDF 107KB)
Introduction Waste management Measures and procedures to eradicate Argentine ants Water quality Application of Trade Practices Act to Norfolk Island Absence of workers compensation protocols Treatment of disability pensions issued by the Department of Veterans’ Affairs as income Extending Commonwealth legislation to Norfolk Island Conclusions

Appendix A – Submissions	(PDF 43KB)

Appendix B – Exhibits	(PDF 52KB)

Appendix C – Hearings and witnesses	(PDF 49KB)