✦ Plain-English Summary

Territories Legislation Amendment Bill 2020

What it does

This bill updates Australian laws to apply properly to our external territories (Christmas Island, Cocos Islands, and Norfolk Island). It makes sure federal laws about financial regulation, consumer protection, bankruptcy, and freedom of information work the same way in these territories as they do on the mainland.

Why it matters

People and businesses in Australia's territories deserve the same legal protections and access to justice as everyone else. Without these updates, there were gaps where federal laws didn't clearly apply, leaving territorial residents in legal limbo on issues like credit protection, company regulation, and court jurisdiction.

Key details

• Norfolk Island courts get clearer authority to handle cases involving federal laws, preventing disputes about which court has power to decide cases
• Financial regulation (through ASIC) now consistently covers securities, banking, and consumer credit across all territories, protecting islanders from dodgy financial schemes
• Freedom of information and privacy laws extend to territorial governments, so residents can access information and have their personal data protected just like mainlanders can

Official Description

Introduced with the Bankruptcy (Estate Charges) Amendment (Norfolk Island) Bill 2020, the bill amends the: Norfolk Island Act 1979 , Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955 to ensure the effective operation of the laws of other states and territories which have been applied in these external territories; Norfolk Island Act 1979 to: enable the Australian Government to enter into arrangements with any state or territory government to support state-type service delivery in Norfolk Island; and provide for the possible future conferral upon the courts of a state or territory jurisdiction in relation to Norfolk Island; Corporations Act 2001 , Australian Securities and Investments Commission Act 2001 , National Credit Protection Act 2009 , Competition and Consumer Act 2010 and Cross-Border Insolvency Act 2008 to extend the application of the Acts to the external territories; ASIC Supervisory Cost Recovery Levy Act 2017 and ASIC Supervisory Cost Recovery Levy (Collection) Act 2017 to remove outdated references to the 'Crown in right of Norfolk Island'; Bankruptcy Act 1966 to enable the Australian Financial Security Authority to provide bankruptcy and personal property security services to Norfolk Island; Freedom of Information Act 1982 to clarify its application to bodies established under a law in force in Norfolk Island; Privacy Act 1988 to: clarify its application to statutory bodies in the external territories; and clarify the application of the Australian Privacy Principles to state and territory laws which have been applied in the external territories and the Jervis Bay Territory; Administrative Decisions (Judicial Review) Act 1977 to: extend its coverage to decisions made by Commonwealth officials under applied laws in the external territories and the Jervis Bay Territory; and extend the right to judicial review to decisions made under laws made by the former Norfolk Island Legislative Assembly and continued pre-self-government ordinances; Criminal Code Act 1995 to update the definition of 'Commonwealth public official' to include people exercising powers or functions under a law in force in Norfolk Island; Broadcasting Services Act 1992 to enable the Australian Communications and Media Authority to issues licences and undertake future broadcasting planning in Norfolk Island; Copyright Act 1968 to ensure Norfolk Island is treated as a territory instead of a state for the purposes of the Act; and Education Services for Overseas Students Act 2000 to extend the application of the Act to Norfolk Island. Also makes consequential amendments to eight Acts.

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills; Parliamentary Joint Committee on Human Rights

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

No votes yet.

No votes were recorded for this bill.