Coral Sea Islands Territory
Application of Laws Ordinance 1973
Ordinance No. 1 of 1973 as amended
made under the
Coral Sea Islands Act 1969
This compilation was prepared on 10 March 2002
taking into account amendments up to Ordinance No. 1 of 1979
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title and citation [see Note 1]
2 Interpretation
3 Application of provisions of laws of the Australian Capital Territory
4 Exercise of powers and performance of functions under applied provisions
5 Delegation by Minister
6 Appointment of officers
7 Repeal of inconsistent laws
Notes
An Ordinance relating to the Application and Administration of Laws in the Coral Sea Islands Territory
1 Short title and citation [see Note 1]
This Ordinance may be cited as the Application of Laws Ordinance 1973.
2 Interpretation
(1) In this Ordinance, unless the contrary intention appears:
applied provision means a provision of a law of the Australian Capital Territory that, in accordance with section 3, applies in and in relation to the Territory as a law of the Territory.
the Act means the Coral Sea Islands Act 1969.
the laws of the Australian Capital Territory means the laws in force in the Australian Capital Territory, whether written or unwritten, and law of the Australian Capital Territory has a corresponding meaning.
the Minister means the Minister for the time being administering the Act.
the Territory means the Coral Sea Islands Territory.
(2) Notwithstanding anything to the contrary in any applied provision, a reference in an applied provision to a Minister shall be read as a reference to the Minister.
3 Application of provisions of laws of the Australian Capital Territory
(1) Subject to the Act and subsection 2 (2), the provisions of the laws of the Australian Capital Territory for the time being in force in the Australian Capital Territory, so far as applicable to the Territory, apply in and in relation to the Territory as laws of the Territory.
(2) Subsection (1) does not extend to a provision of a law of the Australian Capital Territory, being a provision of an Act.
4 Exercise of powers and performance of functions under applied provisions
Where, by an applied provision, a power or function is, in relation to the Australian Capital Territory, vested in a person or authority (not being a court), that power or function is, in relation to the Territory, deemed to be vested in, and may be exercised or performed by, that person or authority, or such other person or authority as the Minister specifies, under and by virtue of the applied provision.
5 Delegation by Minister
The Minister may, by writing under his hand, delegate to the Secretary to the Department of Home Affairs all or any of his powers under an applied provision.
6 Appointment of officers
The Minister may appoint such officers as are necessary to execute the laws of the Territory.
7 Repeal of inconsistent laws
All laws in force in the Territory immediately before the commencement of this Ordinance that are inconsistent with any applied provision are repealed.
Notes to the Application of Laws Ordinance 1973
Note 1
The Application of Laws Ordinance 1973 (in force under the Coral Sea Islands Act 1969) as shown in this compilation comprise Ordinance No. 1 of 1973 amended as indicated in the Tables below.
Table of Ordinances
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
No. 1, 1973 | 19 Oct 1973 | 19 Oct 1973 | |
No. 1, 1976 | 3 Dec 1976 | 3 Dec 1976 | — |
No. 1, 1979 | 24 Dec 1979 | 24 Dec 1979 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 5................. | am. No. 1, 1976; No. 1, 1979 |
Overview
The Coral Sea Islands Territory Application of Laws Ordinance 1973 (the Ordinance) was enacted to facilitate the application of Australian Capital Territory (ACT) laws to the Coral Sea Islands Territory (Territory). The Ordinance was made under the authority of the Coral Sea Islands Act 1969 and is intended to ensure that the Territory is governed by laws that are consistent with those in the ACT. The primary objective of the Ordinance is to apply provisions of ACT laws, where appropriate, to the Territory. This includes the exercise of powers and functions, delegation by the Minister, the appointment of officers, and the repeal of any inconsistent laws. The Ordinance was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra, and the current compilation takes into account amendments up to Ordinance No. 1 of 1979.
Scope and Application
The Application of Laws Ordinance 1973 applies to the Coral Sea Islands Territory, providing a legal framework that incorporates the laws of the Australian Capital Territory (ACT) as laws of the Territory. This applies to both written and unwritten laws in force in the ACT, provided they are applicable to the Territory. The Ordinance ensures that the powers and functions vested in certain persons or authorities in the ACT are also deemed to be vested in the corresponding persons or authorities in the Territory, or such other persons or authorities as the Minister may specify. The Minister, who administers the Coral Sea Islands Act 1969, has the authority to delegate their powers under the Ordinance to the Secretary of the Department of Home Affairs, as well as to appoint necessary officers to execute the Territory’s laws. Any laws in force in the Territory prior to the commencement of this Ordinance that are inconsistent with any applied provision are repealed. The Ordinance’s application is subject to the overarching Coral Sea Islands Act 1969 and specific exclusions within the applied provisions themselves.
Key Provisions
The main operative sections of the Coral Sea Islands TerritoryApplication of Laws Ordinance 1973 (the Ordinance) provide a framework for the application of Australian Capital Territory (ACT) laws within the Coral Sea Islands Territory (the Territory). Section 3 states that the provisions of the laws of the ACT, as they apply to the Territory, will apply in and in relation to the Territory as laws of the Territory, subject to certain conditions. This means that, generally, ACT laws will apply to the Territory unless specifically excluded by the Ordinance. Section 4 clarifies that where a power or function is vested in a person or authority in relation to the ACT, that power or function is deemed to be vested in, and may be exercised by, that person or authority in relation to the Territory. Section 5 allows the Minister to delegate powers under an applied provision to the Secretary to the Department of Home Affairs. Section 6 allows the Minister to appoint officers necessary to execute the laws of the Territory. Finally, section 7 provides for the repeal of any laws in force in the Territory that are inconsistent with the applied provisions of the Ordinance.
The Ordinance imposes several obligations and requirements on the parties or entities it governs. Firstly, the Minister is responsible for ensuring that applicable ACT laws are applied within the Territory. This includes making decisions about which laws apply and how they should be enforced. The Minister also has the authority to delegate certain powers to the Secretary to the Department of Home Affairs, as outlined in section 5. Additionally, the Minister may appoint officers as necessary to execute the laws of the Territory, as per section 6. Finally, any laws in force in the Territory that are inconsistent with the applied provisions of the Ordinance are repealed, as per section 7.
Breach of the provisions of the Ordinance may result in civil or criminal consequences, depending on the nature of the breach. For example, failure to comply with a law applied under section 3 may result in a penalty under that law. Additionally, any person who contravenes a provision of the Ordinance may be guilty of an offence and liable to a penalty. However, the maximum penalties for breaches of the Ordinance are not specified in the text. It is important to note that the consequences of a breach will depend on the specific circumstances of the case and the relevant laws that apply.