Courts (Repeal) Ordinance 1993 (CKI) (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

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Courts (Repeal) Ordinance 1993

No. 2 of 1993

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 28 June 1993.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

R. McMULLAN

Minister for the Arts and Administrative Services

for the Minister for the Environment, Sport and Territories

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An Ordinance to repeal the Courts Ordinance of the Territory and for related purposes

Short title

1.   This Ordinance may be cited as the Courts (Repeal) Ordinance 1993.¹

Commencement

2.   This Ordinance commences on 29 June 1993.

Repeal

3.   The Ordinances specified in the Schedule are repealed.

Interpretation

4.   (1)    In this Ordinance, unless the contrary intention appears:

“Chief Clerk”:

(a)   means the person who held the office of Chief Clerk of the Magistrate’s Court immediately before the commencement of this Ordinance; and

(b)   includes a person who was performing the duties of that office immediately before the commencement of this Ordinance;

“State Court” means the Court of Western Australia to which:

(a)   proceedings are transferred under section 5; or

(b)   the records, and any other documents, relating to completed proceedings are transferred under section 6.

Proceedings that are not completed

5.   (1)    As soon as practicable after the commencement of this Ordinance, the Chief Clerk must transfer all proceedings in the Magistrate’s Court to:

(a)   if the proceedings relate only to a matter of a kind that is within the jurisdiction of a Court of Petty Sessions of Western Australia—the Court of Petty Sessions at Perth in Western Australia; or

(b)   if the proceedings relate only to a matter of a kind that is within the jurisdiction of a Local Court of Western Australia—the Local Court at Perth in Western Australia.

(2)   The State Court may:

(a)   hear, or further hear, the proceedings; and

(b)   determine the proceedings; and

(c)   have regard to any evidence or argument in the proceedings in the Magistrate’s Court.

(3)   If proceedings are transferred to a State Court:

(a)   all records, and other documents filed in the Magistrate’s Court, that relate to the proceedings are to be transmitted to the State Court; and

(b)   any money lodged with the Magistrate’s Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and

(c)   everything done in relation to the proceedings in the Magistrate’s Court is taken to have been done in the State Court.

Completed proceedings

6.   (1)    As soon as practicable after the commencement of this Ordinance, the Chief Clerk must give to the Administrator:

(a)   the records of all completed proceedings of the Magistrate’s Court; and

(b)   any other document relating to those proceedings that is filed in that Court.

(2)   The Administrator must make the records, and other documents, relating to completed proceedings available to:

(a)   if the completed proceedings relate only to a matter of a kind that is within the jurisdiction of a Court of Petty Sessions of Western Australia—the Court of Petty Sessions at Perth in Western Australia; or

(b)   if the completed proceedings relate only to a matter of a kind that is within the jurisdiction of a Local Court of Western Australia—the Local Court at Perth in Western Australia.

(3)   Everything done in relation to completed proceedings in the Magistrate’s Court is taken to have been done in the relevant State Court.

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SCHEDULE   Section 3

ORDINANCES REPEALED

The Courts Ordinance, 1955 of the Colony of Singapore in its application to the Territory

Courts (Amendment) Ordinance 1955

Courts (Amendment) Ordinance 1978

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 29 June 1993.