Applied Laws (Implementation) (Amendment) Ordinance 1994 (CKI)

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

Legislation au F2006B11469 Not in force Legislative Instrument

Legislation content

Territory of COCOS (KEELING) ISLANDS

__________

Applied Laws (Implementation) (Amendment) Ordinance 1994

No. 4 of 1994

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 20 December 1994.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

 

 

 

JOHN FAULKNER

Minister for the Environment, Sport and Territories

__________

An Ordinance to amend the Applied Laws (Implementation) Ordinance 1992 and for related purposes

1.   Short title

1.1   This Ordinance may be cited as the Applied Laws (Implementation) (Amendment) Ordinance 1994.1

2.   Commencement

2.1   This Ordinance commences on 1 January 1995.

3.    Amendment

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

4.    Repeal

4.1   The Applied Laws (Implementation) Ordinance 1993 is repealed.

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

5.1   Omit “1 January 1995.”, substitute “1 January 1996.”.

6.   Section 5 (Suspension of applied laws)

6.1   Omit “1 January 1995.”, substitute “1 January 1996.”.

7.   Schedule 1 (Amendments of applied laws)

7.1   Insert in the Schedule:

Motor Vehicle Dealers Act 1973 (W.A.)(C.K.I.)

1.   Section 5 (Interpretation)

1.1   Definition of ‘dealer’:

Omit ‘a person whose business consists of or includes buying vehicles for wrecking,’.

2.   Section 21 (Premises at which dealers may carry on business)

2.1   Omit the section, substitute:

Premises at which dealers may carry on business

 ‘21. An application for a dealer’s licence must specify the address at which the applicant proposes to carry on the business authorised by the licence.’.

3.   Section 21B (Premises at which car markets may be conducted)

3.1   Omit the section, substitute:

Premises at which car markets may be conducted

 ‘21B. An application for a car market operator’s licence must specify the address at which the applicant proposes to operate the car market authorised by the licence.’.

4.   Section 31 (Dealers not to carry on business except at registered premises)

4.1   Omit the section, substitute:

Dealers not to carry on business except at specified premises

 ‘31. A dealer must not carry on his or her business as a dealer except at the address specified in the application referred to in section 21.

 

Penalty: 5 penalty units.’.

5.   New section 31B

5.1   After section 31A, insert:

Transitional arrangement

 ‘31B. If a person who, under this Act, is required to hold a licence, applies, in accordance with the Act, for a licence before the end of 31 March 1995, the person is taken to be licensed under the Act until:

 (a) a licence is granted to the person; or

 (b) the application is refused.’.”.

7.2   Insert in the Schedule:

Public and Bank Holidays Act 1972 (W.A.)(C.K.I.)

1.   Section 7 (Special public or bank holidays and half-holidays)

1.1   Subsection 7 (2):

After ‘weeks’, insert ‘, except where this is not practicable,’.

2.   Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)

2.1   Subsection 8 (2):

After ‘weeks’, insert ‘, except where this is not practicable,’.

2.2   Subsection 8 (3):

After ‘weeks’, insert ‘, except where this is not practicable,’.

3.   New section 8A

3.1   After section 8, insert:

Gazettal of certain public or bank holidays

 ‘8A. A proclamation made under subsection 7 (1) or 8 (1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7 (2), 8 (2) or 8 (3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.’.

 

 

 

 

 

 

4.   Second Schedule

4.1   Omit the Schedule, substitute:

SECOND SCHEDULE

PUBLIC HOLIDAYS AND BANK HOLIDAYS

 

1. New Year’s Day (1 January)

2. Australia Day (26 January)

3. The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)

4. Act of Self-Determination day (6 April) (to be appointed annually by proclamation published in the Gazette before the day so appointed)

5. Good Friday

6. Easter Monday

7. Anzac Day (25 April)

8. The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)

9. The Muslim festival day known as Hari Maulad Nabi (Prophet Mohammad’s Birthday) (to be appointed annually by proclamation published in the Gazette before the day so appointed)

10. Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign (6 June) (to be appointed annually by proclamation published in the Gazette before the day so appointed)

11. Christmas Day (25 December)

12. Boxing Day (26 December)

13. If a day referred to in item 1, 2, 3, 4, 7, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday

14. If the day referred to in item 12 falls on a Saturday—the immediately following Monday

15. If the day referred to in item 12 falls on a Sunday or Monday—the immediately following Tuesday’.”.

7.3   Insert in the Schedule:

Transport Co-ordination Act 1966 (W.A.)(C.K.I.)

1.   New section 20A

1.1   After section 20, insert:

Transitional arrangement

 ‘20A. If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:

 (a) a licence is granted in respect of the vehicle; or

 (b) the application is refused.’.”.

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

8.1   Omit the Schedule, substitute:

 SCHEDULE 2 Section 4

SUSPENDED PROVISIONS OF APPLIED LAWS

Transport Co-ordination Act 1966 (W.A.)(C.K.I.)

1. Part IIIA—Business Franchise (Petroleum Products) Licensing”.

___________

9.   Schedule 3 (Suspended applied laws)

9.1   Omit the Schedule, substitute:

 SCHEDULE 3 Section 5

SUSPENDED APPLIED LAWS

 

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

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

Building Societies Act 1976 (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) Agreements Act 1985 (W.A.)(C.K.I.)

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

Co-operative 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.)

Debits Tax Act 1990 (W.A.)(C.K.I.)

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

Fertilizers Act 1977 (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.)

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.)

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

Mines Safety and Inspection Act 1994 (W.A.)(C.K.I.)

Minimum Conditions of Employment Act 1993 (W.A.)(C.K.I.)

Mining Act 1978 (W.A.)(C.K.I.)

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

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

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

 

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

Superannuation and Family Benefits Act 1938 (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.)

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.)

Workplace Agreements Act 1993 (W.A.)(C.K.I.)”.

___________

10.   Schedule 4 (Repealed applied laws)

10.1   Insert in the Schedule:

Fish Resources Management Act 1994 (W.A.)(C.K.I.)”.

___________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1994.

2. Statutory Rules No. 5, 1992 as amended by No. 10, 1992; Nos. 3, 8, 9, 10 and 11, 1993.

Overview

The Applied Laws (Implementation) (Amendment) Ordinance 1994, enacted by the Parliament of Australia, was introduced to amend the Applied Laws (Implementation) Ordinance 1992, which previously set out the laws to be applied in the Territory of Cocos (Keeling) Islands. This legislation sought to address the need for updating and streamlining the legal framework governing the territory, ensuring that the laws implemented are both current and relevant. The policy objective was to ensure that the legal system in the Territory of Cocos (Keeling) Islands remains effective and responsive to the needs of its inhabitants and visitors, by allowing for the amendment and repeal of certain laws, as well as the introduction of new provisions to better manage the territory’s affairs.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance 1994 applies to the Territory of Cocos (Keeling) Islands, effectively incorporating and amending previously applied laws from Western Australia to suit the local context of the Territory. This legislative instrument is made under the Cocos (Keeling) Islands Act 1955 and amends the Applied Laws (Implementation) Ordinance 1992, which previously brought Western Australian laws into force in the Territory. The Ordinance repeals the Applied Laws (Implementation) Ordinance 1993 and extends the suspension of certain provisions of applied laws until 1 January 1996. It also amends the Motor Vehicle Dealers Act 1973, Public and Bank Holidays Act 1972, and Transport Coordination Act 1966 to reflect changes in business practices and local circumstances. Furthermore, the Ordinance schedules a list of public holidays and suspended applied laws, thus extending or restricting their application within the Territory. This legislation ensures that the legal framework governing the Territory remains relevant and functional, while adapting to the unique needs and circumstances of the Cocos (Keeling) Islands community.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance 1994 (Section 3) amends the Applied Laws (Implementation) Ordinance 1992, primarily by altering the dates of suspension for certain applied laws from 1 January 1995 to 1 January 1996 (Sections 5 and 6). Additionally, the Ordinance modifies the Motor Vehicle Dealers Act 1973 (W.A.)(C.K.I.), removing the definition of ‘dealer’ to exclude those whose business includes buying vehicles for wrecking, and requiring applications for dealer’s and car market operator’s licences to specify the address for business operations (Sections 7.1 and 7.3). It also mandates that dealers must operate only at the specified address, with a penalty of 5 penalty units for non-compliance (Section 7.4). Furthermore, the Ordinance introduces transitional provisions for licences applied for before 31 March 1995 (Section 7.5) and alters the Public and Bank Holidays Act 1972 (W.A.)(C.K.I.) to include exceptions where proclamations cannot be published three weeks in advance (Sections 7.2 and 7.3). The Applied Laws (Implementation) (Amendment) Ordinance 1994 imposes several obligations on the parties it governs. For example, under the amended Motor Vehicle Dealers Act 1973 (W.A.)(C.K.I.), applicants for dealer’s and car market operator’s licences must specify the address at which they propose to carry on their business. Dealers are also required to conduct their business only at the address specified in their licence application. Failure to adhere to these requirements may result in penalties. Similarly, the Transport Co-ordination Act 1966 (W.A.)(C.K.I.) includes transitional provisions for licences applied for before 31 March 1995, meaning that vehicles operated under such applications are considered licensed until the application is either granted or refused. The Ordinance provides for civil penalties and specifies the maximum penalties for breaches. For instance, under Section 7.4 of the Motor Vehicle Dealers Act 1973 (W.A.)(C.K.I.), a dealer who fails to conduct their business at the specified address faces a penalty of 5 penalty units. The concept of penalty units is tied to the Penalties and Sentences Act 1992, where one penalty unit is equivalent to a certain monetary amount determined by legislation. Additionally, the Ordinance does not explicitly detail criminal offences but implies that breaches of the applied laws could result in legal consequences as per the existing legislative framework of the Cocos (Keeling) Islands.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.