Administration (Amendment) Ordinance 1987 (CKI)

Overview

The Administration (Amendment) Ordinance 1987 was enacted to address the need for additional administrative support for the governance of the Territory of Cocos (Keeling) Islands. The ordinance amends the Administration Ordinance 1975 by inserting a new section to establish the role of an Official Secretary to the Administrator. This amendment was made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority conferred by the Cocos (Keeling) Islands Act 1955. The intention behind this amendment is to provide a more structured administrative framework, ensuring that the governance of the territory is efficiently supported by the necessary personnel. The introduction of an Official Secretary aims to streamline administrative processes and enhance the overall governance of the islands.

Scope and Application

The Territory of Cocos (Keeling) Islands Administration (Amendment) Ordinance 1987 applies to the governance structure of the Cocos (Keeling) Islands, introducing amendments to the existing Administration Ordinance 1975. Specifically, it mandates the appointment of an Official Secretary to the Administrator, who shall be employed by the Minister under section 10 of the amended ordinance. This legislative instrument is applicable within the jurisdictional reach of the Cocos (Keeling) Islands, and it does not specify any exclusions, exemptions, or thresholds in the text provided. The scope of the Act is limited to the administration and governance of the islands themselves, and while it introduces a new role, it does not detail how this might extend or restrict application through subordinate instruments. The amendment is intended to refine the administrative framework of the territory, ensuring it has the necessary support for effective governance.

Key Provisions

The main operative sections of the Administration (Amendment) Ordinance 1987 introduce a new position within the administrative structure of the Territory of Cocos (Keeling) Islands. Section 9a, inserted after section 9 of the Administration Ordinance 1975, establishes the role of an Official Secretary to the Administrator (subsection 9a(1)). This new official is to be employed by the Minister under section 10 of the existing Administration Ordinance (subsection 9a(2)). This amendment seeks to enhance the administrative capacity of the islands by formalising the appointment and role of the Official Secretary. The Act imposes specific obligations on the parties involved. The Minister, as referenced in the new section 9a, is tasked with employing the Official Secretary. This role is likely to involve responsibilities that support the Administrator in the execution of their duties, ensuring smooth governance operations on the islands. The Official Secretary must be appointed in accordance with the procedures set forth in the existing Administration Ordinance, specifically under section 10. Breaches of the obligations set out in the Administration (Amendment) Ordinance 1987 may lead to various consequences. While the Ordinance itself does not explicitly detail offences, penalties, or specific consequences for non-compliance, it can be inferred that failure to appoint the Official Secretary or to adhere to the prescribed employment procedures may result in administrative irregularities. Such breaches could potentially lead to legal actions or disciplinary measures under the general provisions of the Administration Ordinance 1975 or other applicable laws. The specific penalties would depend on the nature of the breach and the applicable legal framework at the time of the alleged infringement.