Administration Ordinance 1975 (CKI) (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

Administration Ordinance 1975

Ordinance No. 1 of 1975 as amended

made under the

Cocos (Keeling) Islands Act 1955

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

1Short title [see Note 1]   3

2Commencement [see Note 1]   3

3Repeal   3

4Definitions   3

5Office of Administrator   4

6Acting Administrator   4

7Deputy Administrator   4

9Oath of Administrator etc   5

10Employment of other persons   5

11Transitional   5

Schedule7

Notes 8

An Ordinance to provide for the appointment of an Administrator of the Territory of Cocos (Keeling) Islands and for the Employment of other Persons for the purpose of the Government of the Territory

1. Short title [see Note 1]

This Ordinance may be cited as the Administration Ordinance 1975.

1. Commencement [see Note 1]

(1)   Subject to subsection (2), 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 10, inclusive, of this Ordinance shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.

1. Repeal

The Official Representative Ordinance 1955 and the Official Representative Ordinance 1961 are repealed.

1. Definitions

In this Ordinance:

Acting Administrator means a person appointed under section 6 to act as Administrator.

Administrator means the Administrator of the Territory appointed under section 5.

Deputy Administrator means the person appointed under section 7 to be the deputy of the Administrator.

1. Office of Administrator

(1)   There shall be an Administrator of the Territory appointed by the Governor‑General by commission to administer the Territory on behalf of Australia.

(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.

1. Acting Administrator

(1)   The Minister may appoint a person to act as Administrator and administer the Territory 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 the powers and perform the functions of his office.

(2)   An Acting Administrator has and may exercise all the powers and perform all the functions of the Administrator.

(3)   The appointment of a person to act as Administrator, and an act done by an Acting Administrator in that capacity, 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 an Acting Administrator.

1. Deputy Administrator

(1)   The Minister may appoint a person to be the deputy of the Administrator.

(2)   The Deputy Administrator has all the powers and functions of the Administrator, including any of the powers and functions delegated to the Administrator under section 17 of the Interpretation Ordinance 1955, and may exercise those powers and perform those functions 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; or

(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 the Deputy Administrator.

1. Oath of Administrator etc

(1)   The Administrator, an Acting Administrator or the Deputy Administrator shall, before entering on the duties of his office, make and subscribe an oath or affirmation in the form in the Schedule.

(2)   An oath or affirmation under this section shall be made and subscribed before the Governor‑General or a person authorized for the purpose of this section by the Minister.

1. Employment of other persons

(1)   The Minister may, for the purpose of the government of the Territory:

(a)    employ such other persons as he considers necessary; and

(b)    determine the terms and conditions on which those persons are employed.

(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.

1. Transitional

(1)   The Governor‑General may, before the date fixed under subsection 2 (2), exercise the power conferred on him by section 5 and, if he does so, the person appointed by him to be the Administrator may make and subscribe the oath or affirmation required by section 9 before the date so fixed.

(2)   A person appointed to be the Administrator in accordance with subsection (1) does not hold office until the date fixed under subsection 2 (2).

Schedule                

(section 9)

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 Administrator) of the Territory of Cocos (Keeling) Islands:  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 Administrator) of the Territory of Cocos (Keeling) Islands.

Notes to the Administration Ordinance 1975

Note 1

The Administration Ordinance 1975 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Ordinance No. 1 of 1975 amended as indicated in the Tables below.

Table of Ordinances

Year and Number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
No. 1, 1975	16 July 1975	16 July 1975
No. 4, 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
S. 6..........................................	am. No. 2, 2004
S. 7..........................................	am. No. 2, 2004
S. 8..........................................	rep. No. 2, 2004
S. 9A........................................	ad. No. 4, 1987
rep. No. 2, 2004