Document ID: chunk:federal_register_of_legislation:C2012C00707:clause:1_39ab
Version: federal_register_of_legislation:C2012C00707
Segment Type: clause
Provision Reference: sch 1 cl 39AB
Character Range: 19157–21374

39AB  Resolution of no confidence in the Chief Minister
 (1) If:
 (a) on a particular day, the Legislative Assembly passes a resolution of no confidence in the Chief Minister; and
 (b) the Legislative Assembly does not, within the period of 10 days after that day, nominate a member of the Legislative Assembly to be the Chief Minister; and
 (c) the Governor‑General does not, within that period of 10 days, dissolve the Legislative Assembly under section 39AC;
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.
 (2) The specified day must not be earlier than 36 days, or later than 90 days, after the end of that period of 10 days.
 (3) 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.
 (4) As soon as practicable after the publication of the notice under subsection (1), the responsible Commonwealth Minister must cause notice of the specified day to be published in the Norfolk Island Government Gazette.
 (5) During the period:
 (a) beginning when the notice is published under subsection (1); and
 (b) ending when the Legislative Assembly meets after the general election mentioned in subsection (1);
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.
 (6) The powers of the Governor‑General under subsection (5) are to be exercised by Proclamation.
 (7) For the purposes of this Act, if a notice is published under subsection (1) on a particular day, the notice is taken to have been published at the last moment of that day.
 (8) A notice under subsection (1) or (4) is not a legislative instrument.
 (9) A Proclamation under subsection (5) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the Proclamation.