TERRITORY OF COCOS (KEELING) ISLANDS
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Applied Laws (Implementation) (Amendment) Ordinance 1992
No. 10 of 1992
I, The 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 17 December 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
WENDY FATIN
Minister of State for the Arts and Territories
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An Ordinance to amend the Applied Laws (Implementation ) Ordinance 1992
1. Citation
1.1 This Ordinance may be cited as the Applied Laws (Implementation) (Amendment) Ordinance 19921.
[NOTE: This Ordinance commences on gazettal: see Cocos (Keeling) Islands Act 1955, s. 12 (2)]
2. Amendment
2.1 The Applied Laws (Implementation) Ordinance 19922 is amended as set out in this Ordinance.
3. Section 4 (Suspension of provisions of applied laws)
3.1 Omit “1 January 1993”, substitute “1 July 1993”.
4. Section 5 (Suspension of applied laws)
4.1 Omit “1 January 1993”, substitute “1 July 1993”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on24 December 1992.
2. No.5, 1992.
Overview
The Applied Laws (Implementation) (Amendment) Ordinance 1992 was enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. This legislative instrument seeks to amend the Applied Laws (Implementation) Ordinance 1992, primarily by altering the effective dates of certain suspensions of applied laws on the Territory of Cocos (Keeling) Islands from 1 January 1993 to 1 July 1993. The policy objective of this amendment appears to be to adjust the timeline for the implementation of certain legal provisions to better suit the needs or circumstances of the Territory.
The enacting body for this ordinance is the Governor-General acting on the advice of the Federal Executive Council, reflecting the legislative authority granted under the Cocos (Keeling) Islands Act 1955. The specific changes made by this amendment involve extending the period before the suspension of certain applied laws takes effect, indicating a deliberate policy decision to delay the implementation of these changes by six months.
Scope and Application
The Applied Laws (Implementation) (Amendment) Ordinance 1992 applies to the Territory of Cocos (Keeling) Islands and is an amendment to the Applied Laws (Implementation) Ordinance 1992. This legislative instrument extends to the jurisdiction of the Cocos (Keeling) Islands as per the Cocos (Keeling) Islands Act 1955, thereby governing the application of laws within this specific territory. The amendment adjusts the suspension dates of certain provisions from 1 January 1993 to 1 July 1993. This change likely affects the implementation timeline of specific laws and regulations within the territory, ensuring they align with the revised dates. The Ordinance does not specify exclusions, exemptions, or thresholds, nor does it mention any extensions or restrictions through subordinate instruments, indicating that its primary function is to modify the effective dates of the suspended provisions.
Key Provisions
The main operative sections of the Applied Laws (Implementation) (Amendment) Ordinance 1992 (sections 3.1 and 4.1) amend the Applied Laws (Implementation) Ordinance 1992 to change the suspension dates of certain provisions. Specifically, Section 3.1 alters the suspension date of the provisions in Section 4 from 1 January 1993 to 1 July 1993, while Section 4.1 does the same for the suspension of applied laws, shifting the date from 1 January 1993 to 1 July 1993. These amendments ensure that the suspension of certain laws and regulations on the Territory of Cocos (Keeling) Islands is delayed by six months.
The Act imposes specific obligations on the parties and entities it governs by requiring that the altered suspension dates be adhered to. Those responsible for implementing the applied laws on the Territory of Cocos (Keeling) Islands must ensure that the changes are correctly applied and that the laws in question are suspended as of the new date, 1 July 1993, rather than the originally stated 1 January 1993. This includes ensuring that all relevant communications, documentation, and administrative processes reflect the amended dates to avoid confusion or non-compliance.
In terms of consequences, the Ordinance does not explicitly outline offences, penalties, or specific civil or criminal consequences for breaches. However, non-compliance with the amended suspension dates could potentially lead to legal challenges or administrative actions if the changes are not properly implemented. While the Ordinance itself does not state maximum penalties, any resulting legal disputes could lead to penalties or consequences as determined by the applicable laws or courts on the Territory of Cocos (Keeling) Islands or in Australia, depending on the nature and severity of the breach.