Territory of Cocos (Keeling) Islands
Administration Amendment Ordinance 2004 (No. 1)1
No. 2 of 20042
I, PHILIP MICHAEL JEFFERY, 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 10 June 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
IAN CAMPBELL
Minister for Local Government, Territories and Roads
An Ordinance to amend the Administration Ordinance 1975
1 Name of Ordinance
This Ordinance is the Administration Amendment Ordinance 2004 (No. 1).
2 Commencement
This Ordinance commences on the date of its notification in the Gazette.
3 Amendment of Administration Ordinance 1975
Schedule 1 amends the Administration Ordinance 1975.
Schedule 1 Amendments
(section 3)
[1] Subsection 6 (1)
omit
or when the Administrator is absent from the Territory or is unable, by reason of illness or incapacity,
insert
or during any period, or during all periods, when the Administrator is absent from duty or is unable, for any reason,
[2] Subsection 7 (2)
omit
has such powers and functions of the Administrator as are assigned to him by the Minister
insert
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,
[3] Paragraph 7 (2) (a)
omit
or the Administrator is absent from the Territory or unable, by reason of illness or incapacity,
insert
or during any period, or during all periods, when the Administrator is absent from duty or is unable, for any reason,
[4] Subparagraph 7 (2) (b) (ii)
omit
the Territory or unable, by reason of illness or incapacity,
insert
duty or is unable, for any reason,
[5] Section 8
omit
[6] Section 9A
omit
Notes
1. This Ordinance amends Ordinance No. 1, 1975, as amended by No. 4, 1987.
2. Notified in the Commonwealth of Australia Gazette on 18 June 2004.
Overview
The Territory of Cocos (Keeling) Islands Administration Amendment Ordinance 2004 (No. 1) was enacted to amend the Administration Ordinance 1975, addressing the need for clearer and more comprehensive provisions concerning the delegation of powers and functions of the Administrator of the Territory. This amendment was introduced by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority vested in him by the Cocos (Keeling) Islands Act 1955. The objective of this legislative instrument was to ensure that during any period when the Administrator is absent from duty or unable to perform their functions, these powers and responsibilities are adequately covered, thus maintaining the continuity and effectiveness of the administration of the Territory. The ordinance was designed to reflect a more inclusive approach to the delegation of administrative duties, thereby ensuring that the governance of the Territory remains robust and responsive to any exigencies that may arise.
Scope and Application
The Administration Amendment Ordinance 2004 (No. 1) applies to the Territory of Cocos (Keeling) Islands, targeting the Administration Ordinance 1975, which governs the administrative functions and powers of the Administrator within the Territory. This ordinance modifies the existing provisions to ensure that the Administrator's powers and functions are comprehensively exercised, particularly in situations where the Administrator is absent from duty or incapacitated for any reason. This amendment aims to provide continuity and stability in the administration of the Territory, ensuring that there are no gaps in governance during such periods. The jurisdictional reach of this legislation is limited to the Territory of Cocos (Keeling) Islands, a small Australian external territory in the Indian Ocean. This ordinance does not explicitly state any exclusions or exemptions and operates within the confines of the existing legislative framework provided by the Administration Ordinance 1975. The application of the Act may be further detailed or clarified through subordinate instruments, which would provide additional rules and regulations to support the implementation of these amendments.
Key Provisions
The main operative sections of the Territory of Cocos (Keeling) Islands Administration Amendment Ordinance 2004 (No. 1) involve amendments to the Administration Ordinance 1975. Specifically, the Ordinance modifies the powers and functions of the Administrator, especially during periods when the Administrator is absent from duty or unable to perform their duties for any reason (see Schedule 1, items 1-4). These amendments aim to ensure continuity of governance by providing a clear framework for the delegation of administrative powers.
The obligations and requirements imposed by this Act are centred around the delegation of the Administrator's powers and functions. The Ordinance stipulates that during any period when the Administrator is absent from duty or is unable to perform their duties, the person designated to act in their place must assume all the powers and functions of the Administrator, including any delegated under section 17 of the Interpretation Ordinance 1955 (see Schedule 1, item 2). This ensures that the administration of the Territory of Cocos (Keeling) Islands continues smoothly without interruption.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Territory of Cocos (Keeling) Islands Administration Amendment Ordinance 2004 (No. 1) for breaches of its provisions. The Ordinance focuses primarily on clarifying and updating the delegation of powers and functions to ensure administrative continuity. However, any breaches of the broader administrative duties and responsibilities of the Administrator or acting Administrator might still be subject to the general provisions of the Administration Ordinance 1975 or other applicable laws.