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

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

Legislation au F2006B11465 Not in force Legislative Instrument

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Territory of Cocos (Keeling) Islands

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Applied Laws (Implementation) (Amendment)

Ordinance 1993

No. 3 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 Cocos (Keeling) Islands Act 1955.

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

__________

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. K. I.)

 

1.   Part II (Motor Vehicle Dealers Licensing Board)

 

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

 

____________

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.K.I.)

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

SCHEDULE 3—continued

 

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

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

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

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

Casino Control Act 1984  (W.A.)(C.K.I.)

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

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

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

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

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

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

Country Areas Water Supply Act 1948 (W.A.) (C.K.I.)

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

Debit Tax Act 1990  (W.A.)(C.K.I.)

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

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

Fertilizers Act 1977  (W.A.)(C.K.I.)

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

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

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

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

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

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

Housing Act 1980  (W.A.)(C.K.I.)

Juries Act 1957  (W.A.)(C.K.I.)

Land Tax Act 1976  (W.A.)(C.K.I.)

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

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

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

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

SCHEDULE 3—continued

 

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

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

Mining Act 1978  (W.A.)(C.K.I.)

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

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

Payroll Tax Act 1971  (W.A.)(C.K.I.)

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

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

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

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

Plant Diseases Act 1914  (W.A.)(C.K.I.)

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

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

Stamp Act 1921  (W.A.)(C.K.I.)

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

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

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

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

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

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

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

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

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

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

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

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

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

Fisheries Act 1905  (W.A.)(C.K.I.)

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

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

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

___________________________________________________________

NOTES

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

2. No. 5, 1992 as amended by No. 10, 1992.

 

Overview

The Territory of Cocos (Keeling) Islands Applied Laws (Implementation) (Amendment) Ordinance 1993 was enacted to amend the Applied Laws (Implementation) Ordinance 1992. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority granted by the Cocos (Keeling) Islands Act 1955. The Ordinance addresses the need to update and revise the application of certain Western Australian laws to the Territory of Cocos (Keeling) Islands. It was designed to ensure that the laws implemented in the Territory are up-to-date and relevant, and to suspend or repeal certain laws that are no longer applicable. The policy objective of this Amendment Ordinance is to refine the legislative framework governing the Territory by adjusting the application of relevant Western Australian laws, thereby enhancing legal certainty and administrative efficiency for the residents and authorities of the Territory.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance 1993 amends the Applied Laws (Implementation) Ordinance 1992, which pertains to the application of certain Western Australian laws to the Territory of Cocos (Keeling) Islands. This amendment extends the scope of the Ordinance by altering the date from which certain provisions of applied laws are suspended, now until 1 January 1994, rather than 1 July 1993. The Ordinance applies to the suspension of specific provisions and entire laws as detailed in the schedules, affecting various industries and conduct governed by these Western Australian statutes in the territory. Notably, the Ordinance provides for the suspension of specific parts of the Motor Vehicles Dealers Act 1973 and particular sections of other acts including the Agriculture and Related Resources Protection Act 1976, Builders Registration Act 1939, and others listed in Schedule 3. Additionally, it repeals the application of certain other laws such as the Death Duty Act 1973, Fisheries Act 1905, and others detailed in Schedule 4. This legislative instrument has jurisdiction over the Territory of Cocos (Keeling) Islands and is subject to the overarching authority of the Cocos (Keeling) Islands Act 1955.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance 1993 (Section 1) amends the Applied Laws (Implementation) Ordinance 1992 and is effective from 1 July 1993 (Section 2). The key change in Section 4 of the 1992 Ordinance, which previously suspended certain provisions of applied laws until 1 July 1993, now extends the suspension until 1 January 1994. This suspension applies to specific provisions of the Motor Vehicles Dealers Act 1973 (W.A.) (C.K.I.) and Section 53 of that Act, which concerns the liability of yard managers for offences (Section 4). Additionally, Section 5 of the 1992 Ordinance, which had previously referenced the suspension of applied laws until 1 July 1993, is amended to extend the suspension until 1 January 1994 (Section 5). Schedule 2 of the Ordinance lists the specific provisions of applied laws that are suspended, including Part II of the Motor Vehicles Dealers Act 1973 (W.A.) (C.K.I.) and Section 53 of that Act (Section 6). The obligations and requirements imposed by this Ordinance on the parties or entities it governs include the temporary suspension of certain provisions of Western Australian laws as applied in the Territory of Cocos (Keeling) Islands. This suspension means that these laws and their provisions are not in effect until 1 January 1994. For entities and individuals operating under these laws, this means they must comply with the laws as they would normally, except that the suspended provisions do not apply. The Ordinance does not explicitly detail any offences, penalties, or consequences for breach of the suspended provisions. However, any entity or individual found to be in breach of the suspended provisions, which are temporarily not in force, could potentially face legal consequences once the suspension ends and the provisions are back in effect. The specific penalties would depend on the nature of the breach and the relevant laws that apply after the suspension period. It is important for stakeholders to remain compliant with all other applicable laws and regulations during this suspension period.

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