Commonwealth Consolidated Acts

NORFOLK ISLAND ACT 1979 - SECT 39AC

             (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.