Document ID: chunk:federal_register_of_legislation:F2016L01118:reg:12
Version: federal_register_of_legislation:F2016L01118
Segment Type: reg
Provision Reference: reg 12
Character Range: 14286–16233

12  Acts attributable to Norfolk Island Regional Council
 (1) This section is made for the purposes of subitem 364(2) of Schedule 2 to the NILA Act.
 (2) If, before the final transition time, something was done by, or in relation to, the Administration in connection with:
         (a)    the Administration's exercise of a power that is in the nature of a power of a local government; or
         (b)    the Administration's exercise of a power under any of the following laws continued in force by the Norfolk Island Act 1979:
              (i)            the Electricity Supply Act 1985 (NI); or
              (ii)            the Lighterage Act 1961 (NI); or
              (iii)            the Telecommunications Act 1992 (NI)
  the thing has effect after the final transition time as if it had been done by, or in relation to, the Norfolk Island Regional Council.
             Note: For example, if:
                  (a)     before the final transition time, the Administration installed works of water supply in or on land on Norfolk Island; and
                  (b)    a law of New South Wales that is in force in Norfolk Island according to s 18A of the Norfolk Island Act 1979 refers to works installed by a local government,
             the works are taken to have been installed by the Norfolk Island Regional Council for the purposes of that law.
 (3) This section does not affect the operation of the other provisions of this rule.
             Note: For example, this section does not affect the vesting of assets according to section 8 of this rule.
 (4) In this section:
         (a)    a power is in the nature of a power of a local government if it is the same as or is substantially similar to a power that is conferred by the Local Government Act 1993 (NSW) as in force in Norfolk Island on a council established under that Act.
         (b)    power includes function or duty, and, in that context, exercise means perform.