Administration Ordinance 1968 (CI) (Cth)
TERRITORY OF CHRISTMAS ISLAND
Administration Ordinance 1968
Ordinance No. 1 of 1968 as amended
made under the
Christmas Island Act 1958
This compilation was prepared on 18 June 2004
taking into account amendments up to Ordinance No. 2 of 2004
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1Short title [see Note 1] 3
2Commencement 3
3Repeal of Administration Ordinance 1958 3
4Existing employees 3
5Definitions 4
6Office of Administrator 4
7Acting Administrator 5
8Deputy Administrator 5
10Oath to be taken by Administrator etc 6
11Employment of other officers 6
12Delegation of powers of Governor-General or Minister 6
13Amendments of certain laws 7
14Transitional 7
The Schedules 8
Notes 11
An Ordinance to provide for the Appointment of an Administrator of the Territory of Christmas Island and for the Employment of other Persons for the purposes of the Government of the Territory
Short title [see Note 1]
This Ordinance may be cited as the Administration Ordinance 1968.
Commencement [see Note 1]
(1) Subject to the next succeeding subsection, this Ordinance shall come into operation on the date on which notice of the making of this Ordinance is published in the Gazette.
(2) Sections 3 to 13 (inclusive) of this Ordinance shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.
Repeal of Administration Ordinance 1958
The Administration Ordinance 1958 and the Administration Ordinance 1961 are repealed.
Existing employees
(1) A person employed for the purposes of the Government of the Territory under section 9 of the Administration Ordinance 1958-1961 immediately before the date of commencement of this Ordinance continues to be employed in the Government of the Territory after that date, notwithstanding the repeal of that Ordinance by this Ordinance, until his employment is terminated:
(a) in accordance with the terms and conditions under which he is employed;
(b) by the Minister under this Ordinance; or
(c) by his death;
as the case may be.
(2) A person who is continued in employment by the last preceding subsection shall be deemed to be employed upon the terms and conditions applicable in respect of the person immediately before the date of commencement of this Ordinance or, if those terms and conditions are altered by the Minister under the next succeeding subsection, upon those terms and conditions as so altered.
(3) The Minister may:
(a) terminate the employment of a person continued in employment by virtue of subsection (1) of this section; or
(b) alter the terms and conditions upon which such a person is employed;
in like circumstances and manner as he is authorized to terminate the employment, or alter the terms and conditions of employment, of a person employed under section 11 of this Ordinance.
Definitions
In this Ordinance:
Acting Administrator means a person appointed under section 7 of this Ordinance to act in the office of Administrator.
the Administrator means the Administrator of the Territory appointed under the next succeeding section.
Office of Administrator
(1) There shall be an Administrator of the Territory, who shall be appointed by the Governor-General by commission, to administer the Territory on behalf of the Commonwealth.
(2) The Administrator holds office during the Governor-General’s pleasure.
(3) The Administrator shall exercise his powers and perform his functions in accordance with any instructions given to him by the Minister.
Acting Administrator
(1) The Minister may appoint a person to act as Administrator during a vacancy in the office of Administrator or during any period, or during all periods, when the Administrator is absent from duty or is unable, for any reason, to exercise and perform the powers and functions of his office.
(2) A person acting in the office of Administrator has and may exercise all the powers and perform all the functions of the Administrator.
(3) The appointment of a person to act in the office of Administrator, and any act done by an Acting Administrator as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment, or for the exercise of his powers or the performance of his functions, had not arisen or had ceased.
(4) The Minister may at any time terminate the appointment of a person to act as Administrator under this section.
Deputy Administrator
(1) The Minister may appoint a person to be the Deputy of the Administrator.
(2) The Deputy of the Administrator has, and may exercise and perform, all the powers and functions of the Administrator, including powers and functions delegated to the Administrator under section 12 of this Ordinance, where:
(a) there is a vacancy in the office of Administrator or during any period, or during all periods, when the Administrator is absent from duty or is unable, for any reason, to perform his duties; and
(b) either:
(i) there is no Acting Administrator;
(ii) the Acting Administrator is also absent from duty or is unable, for any reason, to exercise and perform his powers and functions.
(3) The Minister may at any time terminate the appointment of a person as the Deputy of the Administrator.
Oath to be taken by Administrator etc
(1) The Administrator, an Acting Administrator and a Deputy of the Administrator shall, before entering on the duties of his office, make and subscribe an oath or affirmation in the form in the First Schedule to this Ordinance.
(2) An oath or affirmation under this section shall be made and subscribed before the Governor-General or a person authorized for the purpose by the Minister.
Employment of other officers
(1) The Minister may employ such other persons as he considers necessary for the purposes of the government of the Territory and may determine the terms and conditions on which those persons hold office.
(2) The Minister may require a person employed under this section to make and subscribe an oath or affirmation of allegiance or office, or both, in a form approved by the Minister and before such person as the Minister directs.
Delegation of powers of Governor-General or Minister
(1) Subject to this section, the Governor-General or the Minister may, by instrument in writing, delegate to a person or authority, either generally or otherwise as provided in the instrument
of delegation, all or any of his powers and functions under
an Ordinance, whether the powers or functions are conferred
on him directly or by virtue of the provisions of Part III,
of the Interpretation Ordinance 1958, except this power of delegation.
(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Governor-General or the Minister, as the case may be.
(4) This section does not authorize the Governor-General or the Minister to delegate a power to make regulations, rules or rules of court conferred on him by an Ordinance.
Amendments of certain laws
The Ordinances of the Colony of Singapore specified in the Second Schedule to this Ordinance, in their application in the Territory, are amended as set out in that Schedule.
Transitional
(1) The Governor-General may exercise the power conferred by section 6 of this Ordinance to appoint a person to be the Administrator of the Territory before the date fixed under subsection (2) of section 2 of this Ordinance and, if he does so, the person appointed to be the Administrator may make and subscribe the oath or affirmation required by section 10 of this Ordinance before the date so fixed.
(2) A person appointed to be the Administrator of the Territory in accordance with the last preceding subsection does not hold office until the date fixed under subsection (2) of section 2 of this Ordinance.
The Schedules
First Schedule
(section 10)
Oath
I, , do swear that I shall be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and that I shall well and truly serve Her in the office of Administrator (or as Acting Administrator or Deputy of the Administrator) of the Territory of Christmas Island: So help me God!
Affirmation
I, , do solemnly and sincerely promise and declare that I shall be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, and that I shall well and truly serve Her in the office of Administrator (or as Acting Administrator or Deputy of the Administrator) of the Territory of Christmas Island.
Second Schedule
(section 13)
| Provisions amended | omit | insert |
| Minor Offences Ordinance | ||
| Section 5 (2) | Governor | Administrator |
| Section 28 (1) | Governor | Administrator |
| Section 28 (3) | Governor | Administrator |
| Police Force Ordinance 941 | ||
| Section 8 (2) | Official Representative | Administrator |
| Quarantine and Prevention of Disease Ordinance | ||
| Section 2 | typhus and any other disease which the Minister | typhus and any other disease which the Administrator |
| yellow fever and any other disease which the Minister | yellow fever and any other disease which the Administrator | |
| Section 33 (1) | approval of the Minister | approval of the Administrator |
| sanction of the Minister | sanction of the Administrator | |
| Section 33 (2) | Minister | Administrator |
| Section 42 | Minister | Administrator |
| Section 55 (3) | Minister | Administrator |
| Section 61 | Minister has | Administrator has |
| Minister to | Administrator to | |
| Section 69 (2) | Minister | Administrator |
| Section 71 | Minister | Administrator |
| Section 72 (1) (a) (i) | Minister | Administrator |
| Section 81 (2) | Minister | Administrator |
| Section 88 (1) | Minister | Administrator |
| Section 89 | Minister | Administrator |
| Section 90 (1) | Minister | Administrator |
| Section 92 (2) | Minister | Administrator |
| Section 95 | Minister | Administrator |
| Schedule A | Minister | Administrator |
| Wild Animals and Birds Ordinance | ||
| Section 2 | Minister | Administrator |
| Section 5 | Minister | Administrator |
| Section 8 (1) | Minister | Administrator |
Notes to the Administration Ordinance 1968
Note 1
The Administration Ordinance 1968 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance No. 1 of 1968 amended as indicated in the Tables below.
Table of Ordinances
| Year and | Date of notification | Date of | Application, saving or |
| No. 1, 1968 | 19 Apr 1968 | Ss. 1, 2: 19 Apr 1968 Ss. 3–13: 1 May 1968 | |
| No. 7, 1987 | 6 Nov 1987 | 6 Nov 1987 | — |
| No. 2, 2004 | 18 June 2004 | 18 June 2004 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Heading to s. 6..................... | rs. No. 2, 2004 |
| S. 7......................................... | am. No. 2, 2004 |
| S. 8......................................... | am. No. 2, 2004 |
| S. 9......................................... | rep. No. 2, 2004 |
| S. 10A..................................... | ad. No. 7, 1987 |
| rep. No. 2, 2004 | |
| S. 12....................................... | am. No. 2, 2004 |
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