NORFOLK ISLAND EXTENSION OF PROVISIONS OF AUDIT LEGISLATION TO NORFOLK ISLAND: WHETHER ACT OR ORDINANCE APPROPRIATE
AUDIT ACT 1901: NORFOLK ISLAND ACT 1913, ss. 5, 8 (I)
The Secretary, Department of External Affairs, has asked for advice as to whether the provisions of the Audit Act 1901-1912 and the regulations thereunder can be extended to Norfolk Island by Ordinance or whether an Act is necessary for this purpose.
Sections 5 and 8(1) of the Norfolk Island Act 1913 are as follows:
5. The Acts of the Parliament (except this Act) shall not be in force in Norfolk Island unless expressed to extend thereto.
8. (1) Subject to this Act, the Governor-General may make Ordinances for the peace, order, and good government of Norfolk Island.
It is not clear whether what it is desired to do is to extend the operation of the Audit Act, so that it will apply to the Territory as if that Territory were part of the Commonwealth, or whether it is desired to have operating in the Territory a local law on the lines of the Audit Act. If the former course is what is desired then the matter can only be dealt with by Parliament. But if the latter is required the matter can be dealt with by an Ordinance, and for this purpose instructions will be required as to any necessary modifications of the Act, such as the salary and terms of appointment of the Auditor-General.
[Vol. 14, p. 340]
- This date is attributed. The opinion is undated in the Opinion Book, but its position, in relation to adjacent opinions, suggests a date in May I916.
- This opinion is unsigned in the Opinion Book. but it is attributed to Mr Garran.