Utilities and Services Ordinance 1996 (CKI) (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

Utilities and Services Ordinance 1996

Ordinance No. 4 of 1996 as amended

made under the

Cocos (Keeling) Islands Act 1955

This compilation was prepared on 31 August 2005
taking into account amendments up to Ordinance No. 1 of 2001

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Page

1  Short title [see Note 1]   3

2  Interpretation   3

3  Supply of utilities and services   3

4  Fees   3

5  Tabling and disallowance of determination   4

Notes    5

An Ordinance to provide for the supply of utilities and services in the Territory, and for certain fees

1. Short title [see Note 1]

This Ordinance may be cited as the Utilities and Services Ordinance.

1. Interpretation

In this Ordinance:

Administrator means the Administrator of the Territory appointed under section 5 of the Administration Ordinance 1975.

1. Supply of utilities and services

The Administrator may make provision for the supply and use of any of the following utilities and services:

(a)    water;

(b)    electricity;

(c)    gas;

(d)    drainage and sewerage;

(e)    refuse removal;

(f)    public transport;

(g)    community health care;

(h)    education;

(i)    community housing;

(j)    marine traffic facilities;

(k)    marine harbour facilities;

(l)    airport facilities.

1. Fees

(1)   There is imposed on a person a fee in relation to:

(a)    the provision, by the Administrator, of a utility to the person; or

(b)    the use, by the person, of a service provided by the Administrator.

(2)   The fee is:

(a)    the fee that is:

(i)    determined by the Administrator, from time to time, to be the fee applicable to the utility or service; and

(ii)    notified in the Gazette; or

(b)    if no determination is made under subparagraph (a) (i) in respect of the utility or service, the fee or charge (if any) that is:

(i)    applicable to the utility or service under an applied law; and

(ii)    notified in the Gazette.

(2A)   A determination must specify the date on which the fee commences to apply, and may specify:

(a)    the manner in which the fee is to be paid; and

(b)    a date or period before the end of which the fee must be paid.

(3)   A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.

(4)   The amount of a fee is a debt due to the Commonwealth.

1. Tabling and disallowance of determination

Sections 13, 13A, 13B and 13C of the Cocos (Keeling) Islands Act 1955 apply to a determination as if a reference in those sections to an Ordinance were a reference to a determination.

Notes to the Utilities and Services Ordinance 1996

Note 1

The Utilities and Services Ordinance 1996 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Ordinance No.4 of 1996 amended as indicated in the Tables below.

Table of Instruments

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
No. 4, 1996	21 Aug 1996	21 Aug 1996
No. 1, 2001	2 Aug 2001	2 Aug 2001	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 4.........................................	am. No. 1, 2001
S. 5.........................................	rep. No. 1, 2001
Heading to s. 6..................... (renumbered s. 5)	rs. No. 1, 2001