Applied Laws (Implementation) (Amendment) Ordinance 1993 (CI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006B00510 Not in force Legislative Instrument

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Territory of Christmas Island

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Applied Laws (Implementation) (Amendment) Ordinance 1993

No. 4 of 1993

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.

Dated 28 June 1993.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

 

R. McMULLAN

Minister for the Arts and Administrative Services

for the Minister for the Environment, Sport and Territories

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An Ordinance to amend the Applied Laws (Implementation) Ordinance 1992

1.   Short title

1.1   This Ordinance may be cited as the Applied Laws (Implementation) (Amendment) Ordinance 1993.1

2.   Commencement

2.1   This Ordinance commences on 1 July 1993.

3.    Amendment

3.1   The Applied Laws (Implementation) Ordinance 19922 is amended as set out in this Ordinance.

4.   Section 4 (Suspension of provisions of applied laws)

4.1   Omit the section, substitute:

Suspension of provisions of applied laws

 “4. A provision specified in Schedule 2 of an applied law specified in that Schedule is suspended until 1 January 1994.”.

5.   Section 5 (Suspension of applied laws)

5.1   Omit “1 July 1993”, substitute “1 January 1994”.

6.   Schedule 2 (Suspension of provisions of applied laws)

6.1   Omit the Schedule, substitute:

 

 SCHEDULE 2 Section 4

 

SUSPENSION OF PROVISIONS OF APPLIED LAWS

 

Motor Vehicles Dealers Act 1973 (W. A.) (C. I.)

 

1.   Part II (Motor Vehicle Dealers Licensing Board)

 

2.   Section 53 (Liability of yard manager for offences, etc.)”.

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7.   Schedule 3 (Suspension of applied laws)

7.1   Omit the Schedule, substitute:

 

 SCHEDULE 3 Section 5

 

SUSPENSION OF APPLIED LAWS

 

Agriculture and Related Resources Protection Act 1976  (W.A.)(C.I.)

Builders Registration Act 1939  (W.A.)(C.I.)

Building and Construction Industry Training Fund and Levy  Collection  Act 1990  (W.A.) (C.I.)


SCHEDULE 3—continued

 

Building and Construction Industry Levy Fund Act 1990  (W.A.)(C.I.)

Building Societies Act 1976  (W.A.)(C.I.)

Business Franchise (Tobacco) Act 1975  (W.A.)(C.I.)

Casino Control Act 1984  (W.A.)(C.I.)

Chicken Meat Industry Act 1977  (W.A.)(C.I.)

Commercial Tenancy (Retail Shops) Agreement Act 1985  (W.A.)(C.I.)

Construction Industry Portable Paid Long Service Leave Act 1985  (W.A.)(C.I.)

Cooperative and Provident Societies Act 1903  (W.A.)(C.I.)

Corporations (Taxing) Act 1990  (W.A.)(C.I.)

Corporations (Western Australia) Act 1990  (W.A.)(C.I.)

Country Areas Water Supply Act 1947 (W.A.) (C.I.)

Country Towns Sewerage Act 1948 (W.A.) (C.I.)

Debit Tax Act 1990  (W.A.)(C.I.)

Debit Tax Assessment Act 1990  (W.A.)(C.I.)

Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)

Fertilizers Act 1977 (W.A.)(C.I.)

Financial Institutions Duty Act 1983  (W.A.)(C.I.)

Friendly Societies Act 1894  (W.A.)(C.I.)

Gaming Commission Act 1987  (W.A.)(C.I.)

Government Employees Housing Act 1964  (W.A.)(C.I )

Government Employees Superannuation Act 1987 (W.A.)(C.I.)

Home Building Contracts Act 1991 (W.A.)(C.I.)

Housing Act 1980  (W.A.)(C.I.)

Juries Act 1957 (W.A.)(C.I.)

Land Tax Act 1976  (W.A.)(C.I.)

Land Tax Assessment Act 1976  (W.A.)(C.I.)

Land Tax Relief Act 1991 (W.A.)(C.I.)

Liquor Licensing Act 1988  (W.A.)(C.I.)

Maritime Archaeology Act 1973  (W.A.)(C.I.)

Marketing of Eggs Act 1945  (W.A.)(C.I.)

Mines Regulation Act 1946  (W.A.)(C.I.)


SCHEDULE 3—continued

 

Mining Act 1978  (W.A.)(C.I.)

Municipal Water Supply Preservation Act 1892 (W.A.) (C.I.)

Occupational Health, Safety and Welfare Act 1984  (W.A.)(C.I.)

Payroll Tax Act 1971 (W.A.)(C.I.)

Payroll Tax Assessment Act 1971 (W.A.)(C.I.)

Petroleum Products Pricing Act 1983  (W.A.)(C.I.)

Petroleum Products Subsidy Act 1965  (W.A.) (C.I.)

Petroleum Retailers Rights and Liabilities Act 1982 (W.A.)(C.I.)

Plant Diseases Act 1914  (W.A.)(C.I.)

Residential Tenancies Act 1987 (W.A.)(C.I.)

Small Business Guarantee Act 1984  (W.A.)(C.I.)

Stamp Act 1921 (W.A.)(C.I.)

State Employment and Skills Development Authority Act 1990  (W.A.)(C.I.)

Stock Diseases (Regulations) Act 1968  (W.A.)(C.I.)

Superannuation and Family Benefits Act 1938  (W.A.)(C.I.)

Taxation (Reciprocal Powers) Act 1989  (W.A.)(C.I.)

Totalisator Agency Board Betting Act 1960  (W.A.)(C.I.)

Totalisator Agency Board Betting Tax Act 1960  (W.A.)(C.I.)

Trading Stamps Act 1981 (W.A.)(C.I.)

Transport Coordination Act 1966  (W.A.)(C.I.)

Trustee Companies Act 1987 (W.A.)(C.I.)

Water Authority Act 1984  (W.A.) (C.I.)

Water Supply, Sewerage and Drainage Act 1912 (W.A.) (C.I.)

Western Australian Water Resources Council Act 1982  (W.A.)(C.I.)”.

 

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8.   Schedule 4 (Repealed applied laws)

8.1   Insert in the appropriate alphabetical position, determined on a letter-by letter basis:

Death Duty Act 1973 (W.A.)(C.I.)

Death Duty Assessment Act 1973 (W.A.)(C.I.)


Fisheries Act 1905  (W.A.)(C.I.)

Heritage of Western Australia Act 1991 (W.A.)(C.I.)

Waterfront Workers’ (Compensation for Asbestos Related Diseases) Act 1986 (W.A.)(C.I.)

Wildlife Conservation Act 1950 (W.A.)(C.I.)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on  30 June  1993.

2. No. 1, 1992 as amended by No. 10, 1992.

 

Overview

The Territory of Christmas Island Applied Laws (Implementation) (Amendment) Ordinance 1993 was enacted to amend the existing Applied Laws (Implementation) Ordinance 1992. This legislative amendment was introduced to address the need for changes in the application and suspension of various laws from Western Australia to Christmas Island. The Ordinance was made under the authority of the Christmas Island Act 1958 and was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of this amendment is to modify the scope and timing of the suspension of certain applied laws, as well as to repeal some laws that are no longer applicable to Christmas Island. This legislative change was necessary to ensure that the laws applied to Christmas Island are appropriate and up-to-date with the territory's current needs and circumstances.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance 1993 applies to the Territory of Christmas Island and amends the Applied Laws (Implementation) Ordinance 1992. It applies to various entities and industries within the territory, including motor vehicle dealers, agricultural sectors, building and construction industries, financial institutions, and many others by implementing specific Western Australian laws to the territory. The amendments include the suspension of certain provisions and applied laws until 1 January 1994, as detailed in Schedules 2 and 3. The Ordinance also repeals certain applied laws, as listed in Schedule 4. The geographic reach of this legislation is limited to the Territory of Christmas Island, and it does not specify any exclusions, exemptions, or thresholds. The application of the Act may be extended or restricted through subordinate instruments, although none are detailed within the provided text.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance 1993 (Ordinance) amends the Applied Laws (Implementation) Ordinance 1992 by suspending specific provisions of certain applied laws until 1 January 1994, instead of the original date of 1 July 1993 (sections 4 and 5). The suspended provisions include Part II of the Motor Vehicles Dealers Act 1973 (W.A.)(C.I.), which pertains to the Motor Vehicle Dealers Licensing Board, and Section 53 of the same Act, which addresses the liability of a yard manager for offences (Schedule 2). Additionally, the Ordinance suspends several other applied laws, including the Agriculture and Related Resources Protection Act 1976 (W.A.)(C.I.), Builders Registration Act 1939 (W.A.)(C.I.), and many others, as listed in Schedule 3. Entities and individuals governed by these suspended laws must comply with the changes as specified in the Ordinance. For instance, entities subject to the Motor Vehicles Dealers Act 1973 (W.A.)(C.I.) are exempt from the licensing board's regulations and the liability of yard managers until 1 January 1994. This amendment provides a temporary relief period, allowing stakeholders to adapt to the changes without immediate regulatory constraints. The Ordinance imposes specific obligations on parties affected by the suspended laws. They must ensure compliance with the temporary suspension until the effective date of 1 January 1994. Failure to adhere to these provisions may result in legal consequences, as outlined in the relevant laws that remain in effect during this interim period. Breach of any of the suspended provisions before the effective date of 1 January 1994 may lead to civil or criminal penalties as prescribed by the respective laws. While the Ordinance itself does not specify maximum penalties, these are typically detailed in the original acts. For example, offences under the Motor Vehicles Dealers Act 1973 (W.A.)(C.I.) or other suspended laws may incur fines or other sanctions as per their statutory provisions. It is important for entities and individuals to understand the specific penalties applicable to each suspended law.

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