Commonwealth Consolidated Acts

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NORFOLK ISLAND ACT 1979 - SECT 4

Interpretation

             (1)  In this Act, unless the contrary intention appears:

"Acting Administrator" means a person appointed under section 8 to act in the office of Administrator.

"Administration" means the Administration or government of the Territory.

"Administrator" means the Administrator of the Territory appointed under this Act and includes a person acting as the Administrator under this Act.

"Chief Executive Officer" has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.

"Chief Justice" means the Chief Justice of the Supreme Court.

"Chief Minister" means the Chief Minister appointed under section 13.

"Commonwealth Finance Minister" means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997 .

"Commonwealth Finance Minister's Orders" means Orders made under section 48T.

"Commonwealth Financial Officer for Norfolk Island" means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.

"Commonwealth Gazette means the Commonwealth of Australia Gazette" .

"Commonwealth Minister" means a Minister of State of the Commonwealth.

"Deputy Speaker" means the Deputy Speaker of the Legislative Assembly.

"enactment" means:

                     (a)  a law (however described or entitled) passed by the Legislative Assembly and assented to under this Act;

                     (b)  an Ordinance made by the Governor-General under section 27 or in pursuance of section 69; or

                     (c)  an Ordinance continued in force by this Act.

"Executive Council" means the Executive Council of Norfolk Island.

"Federal Court" means the Federal Court of Australia.

"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.

"Judge" means a Judge of the Supreme Court (including the Chief Justice).

"Legislative Assembly" means the Legislative Assembly of Norfolk Island.

"Minister" means:

                     (a)  the Chief Minister; or

                     (b)  a Minister appointed under section 13.

"Minister for Finance" means the Minister who is responsible for the administration of the Public Account of Norfolk Island.

"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.

"Norfolk Island Public Service Values" means the rules prescribed by regulations made for the purposes of subsection 61A(1).

"performance audit" has the same meaning as in the Auditor-General Act 1997 .

"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.

"Public Account of Norfolk Island" means the Public Account of Norfolk Island established by subsection 47(1).

"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.

"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.

"responsible Commonwealth Minister" means the Commonwealth Minister who administers this Act.

"responsible manager" , in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.

"Speaker" means the Speaker of the Legislative Assembly.

"Supreme Court" means the Supreme Court of Norfolk Island referred to in section 52.

"Territory" means Norfolk Island, that is to say, the Territory of Norfolk Island as described in Schedule 1.

"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.

             (2)  The specification of a matter in an item in Schedule 2 or 3 shall not be taken to limit the generality of any matter specified in any other item in that Schedule.

             (3)  A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.

 



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