Interpretation Act 1984 (W.A.)(C.K.I) (Amendment) Ordinance 1992 (CKI) (Cth)
Interpretation Act 1984 (W.A.)(C.K.I.) (Amendment) Ordinance 1992
Ordinance No. 2, 1992
made under the
Cocos (Keeling) Islands Act 1955
Compilation No. 2
Compilation date: 6 September 2017
Includes amendments up to: F2017L01133
Registered: 11 September 2017
About this compilation
This compilation
This is a compilation of the Interpretation Act 1984 (W.A.)(C.K.I.) (Amendment) Ordinance 1992 that shows the text of the law as amended and in force on 6 September 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Short title....................................................................................................................... 1
3............ Amendment................................................................................................................... 1
4............ Section 4—Interpretation Act........................................................................................ 1
5............ Section 5 (Definitions applicable to written laws)......................................................... 1
6............ New sections 5A and 5B............................................................................................... 2
7............ New sections 74A, 74B, 74C, 74D, 74E, 74F, 74G, 74H, 74I, 74J, 74K and 74L...... 3
Endnotes1
Endnote 1—About the endnotes 1
Endnote 2—Abbreviation key 2
Endnote 3—Legislation history 3
Endnote 4—Amendment history 4
An Ordinance to provide for the amendment of the Interpretation Act 1984 of the State of Western Australia in its application to the Territory and for related purposes
1 Short title
This Ordinance may be cited as the Interpretation Act 1984 (W.A.)(C.K.I.) (Amendment) Ordinance 1992.
3 Amendment
The Interpretation Act 1984 (W.A.)(C.K.I.) is amended as set out in this Ordinance
Section 4—Interpretation Act
Omit the section, substitute:
4. This Act binds the Crown in right of the Commonwealth.
Section 5 (Definitions applicable to written laws)
(1) Subsection 5(1) (definition of Consolidated Revenue Fund):
Omit the definition, substitute:
Consolidated Revenue Fund means the Commonwealth Consolidated Revenue Fund.
(2) Subsection 5(1) (definition of police officer):
Omit the definition, substitute:
police officer means:
(a) a member or a special member of the Australian Federal Police; or
(b) a member of a State or Territory police force appointed by the Minister, under subsection 8G(6) of the Cocos Islands Act, to provide police services in relation to the Territory.
(3) Subsection 5(1) (definition of Territory)
Omit the definition, substitute:
Territory means the Territory of Cocos (Keeling) Islands.
(4) Subsection 5(1) (definition of the State or this State):
Omit the definition, substitute:
the State, this State or Western Australia:
(a) when used in a geographical sense—means the Territory; and
(b) when used in any other sense—means the Territory unless the context precludes that meaning.
(5) Insert the following definitions:
applied law means a law of Western Australia as in force in the Territory in accordance with section 8A of the Cocos Islands Act.
Cocos Islands Act means the Cocos (Keeling) Islands Act 1955 of the Commonwealth.
Commissioner of Police means the Commissioner of Police of the Australian Federal Police.
Commonwealth Gazette means the Commonwealth of Australia Gazette and includes the Australian Government Gazette published during the period commencing on 1 July 1973 and ending on 30 June 1977.
Commonwealth Government Printer includes any person printing for the Commonwealth Government.
Crown means the Crown in right of the Commonwealth.
notifiable instrument has the same meaning as in the Legislation Act 2003 of the Commonwealth.
Police Act, means the Police Act 1892 (W.A.)(C.K.I.).
Police Force of Western Australia is taken to mean the Australian Federal Police.
Territory Gazette means the Government Gazette of the Territory published by authority.
Territory Ordinance means:
(a) an Ordinance made on or after 1 July 1992, under section 12 of the Cocos Islands Act, as in force in the Territory from time to time; or
(b) a law, specified in the Schedule to the Cocos Islands Act, as in force in the Territory from time to time.
Western Australian Act means an Act passed by the Parliament of Western Australia.
New sections 5A and 5B
(1) After section 5, insert:
5A Western Australian Acts
(1) A reference in this Act or a Territory Ordinance to the short title of a Western Australian Act followed by ‘(W.A.)’ or ‘(WA)’ is a reference to the Act as in force in the State from time to time.
(2) A reference in this Act, a Territory Ordinance or an applied law to the short title of a Western Australian Act followed by ‘(W.A.)(C.K.I.)’ or ‘(WA)(CKI)’ is a reference to the Act as in force in the Territory from time to time in accordance with section 8A of the Cocos Islands Act.
(3) A reference in an applied law to the short title of a Western Australian Act is taken to be a reference to the corresponding applied law.
5B Western Australian instruments
(1) A reference in this Act or a Territory Ordinance to an instrument (including rules, regulations and by‑laws) followed by ‘(W.A.)’ or ‘(WA)’ that is made under a law of Western Australia is a reference to the instrument as in force in the State from time to time.
(2) A reference in this Act, a Territory Ordinance or an applied law to an instrument (including rules, regulations and by‑laws) followed by ‘(W.A.)(C.K.I.)’ or ‘(WA)(CKI)’ that is made under a law of Western Australia is a reference to the instrument as in force in the Territory from time to time in accordance with section 8A of the Cocos Islands Act.
New sections 74A, 74B, 74C, 74D, 74E, 74F, 74G, 74H, 74I, 74J, 74K and 74L
(1) After section 74, insert the following sections:
74A Requirements for publication in Gazette or newspaper
(1) If an applied law requires or permits a person to publish an instrument in the Gazette or the Government Gazette or in a newspaper circulating in Western Australia, then the requirement must be met, or the permission may only be exercised, by registration of the instrument as a notifiable instrument.
(2) However, subsection (1) does not apply in relation to an instrument published by or on behalf of Western Australia.
74B Requirements for keeping records
If an applied law requires a person to keep records, or to keep records in a particular place, then, unless the contrary intention appears, the requirement to keep records is satisfied:
(a) if the person keeps the records in the Territory and otherwise in accordance with the applied law; or
(b) if the records are kept as part of records kept by the State under the corresponding law of the State.
74C Residency
If an applied law requires a person to be resident in the State of Western Australia then, unless the contrary intention appears, the requirement is satisfied if the person is resident in the Territory.
74D Licenses and permits etc
(1) If an applied law requires a person:
(a) to be licensed or registered; or
(b) to hold a permit, certificate or other statutory instrument;
then, unless the contrary intention appears, if the person is licensed or registered, or holds a permit, certificate or other statutory instrument, under the corresponding law of Western Australia, the person is taken to be licensed or registered, or to hold the permit, certificate or other statutory instrument, under the applied law.
(2) If:
(a) a person made an application for a licence (however described)under an Ordinance in force in the Territory immediately before 1 July 1992; and
(b) the person paid an application fee under the Ordinance before that date; and
(c) the application is taken to be an application for the purposes of an applied law; and
(d) the application fee payable under the applied law is greater than the fee that was payable under the Ordinance;
the person is taken to have paid the fee payable under the applied law.
74E Statutory bodies
If an applied law establishes or requires the establishment or appointment of:
(a) a Committee; or
(b) a Board; or
(c) a Registrar; or
(d) any other statutory body;
then, unless the contrary intention appears, the law is not taken to establish, or to require the establishment or appointment of, the same kind of body in the Territory.
74F Employment by the Crown
Unless the contrary intention appears, a provision of an applied law that requires a person to be appointed or employed under Part 3 of the Public Sector Management Act 1994 (W.A.)(C.K.I.), or under any other applied law, does not apply to a person who is appointed or employed to exercise a power or perform a function or duty in, or in relation to, the Territory.
74H Tabling documents
(1) If an applied law requires a document to be laid before the Parliament then, unless the contrary intention appears, the document must be laid before each House of the Commonwealth Parliament instead of the Parliament of Western Australia.
(2) If an applied law permits the Parliament of Western Australia to disallow an instrument laid before that Parliament then, unless the contrary intention appears, sections 13, 13A, 13B and 13C of the Cocos Islands Act apply to the instrument as if the instrument were an Ordinance within the meaning of the Act.
74I Sunset clauses, reviews etc in applied laws
If an applied law requires:
(a) an applied law to be reviewed; or
(b) an applied law to be reviewed and other action to be carried out under that applied law;
then, unless the contrary intention appears, the requirement referred to in paragraph (a) or (b) is to be of no effect.
74J References to law of the State
In an applied law a reference to a law of the State must be read as a reference to the corresponding applied law.
74K Proof of Commonwealth Gazette etc
A printed copy of:
(a) the Commonwealth Gazette purporting to be printed and published on a particular date by the Commonwealth Government Printer; or
(b) the Territory Gazette purporting to be printed and published on a particular date by authority; or
(c) a printed copy of the Gazette or Government Gazette purporting to be published on a particular date:
is admissible in evidence in all courts and in all legal proceedings without proof that the copy was so printed and published, and is evidence:
(d) that it was published on that date; and
(e) of the appointments and notifications printed in it and of the matters and things in those notifications and appointments.
74L Compliance with forms
If an applied law prescribes a form, then, unless the contrary intention appears, strict compliance with the form is not required and substantial compliance is sufficient.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
| 2, 1992 | 30 June 1992 | 1 July 1992 (s 2) | |
| 4, 1993 | 30 June 1993 | 1 July 1992 (s 2) | — |
| 5, 1996 | 4 Sept 1996 | 4 Sept 1996 (s 1) | — |
| 2, 1999 | 24 Mar 1999 | Sch 1: 1 July 1992 (s 2(1)) Sch 2: 24 Mar 1999 (s 2(2)) | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Cocos (Keeling) Islands Legislation Amendment (2017 Measures No. 1) Ordinance 2017 | 5 Sept 2017 (F2017L01133) | Sch 1 (items 2, 3): 6 Sept 2017 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2............................................. | rep LA s 48D |
| s 5............................................. | am No 5, 1996; No 2, 1999; F2017L01133 |
| s 6............................................. | am No 4, 1993; No 2, 1999 |
| s 7............................................. | am No 4, 1993; No 5, 1996; F2017L01133 |
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