Applied Laws (Implementation) (Amendment) Ordinance 1995 (CI)

Overview

The Applied Laws (Implementation) (Amendment) Ordinance 1995 was enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council under the Christmas Island Act 1958. The Ordinance amends the Applied Laws (Implementation) Ordinance 1992 to address specific legal gaps in the territory's legislative framework. By introducing these amendments, the enacting body, the Parliament of Australia, aims to ensure that relevant laws are effectively implemented and enforced within the Territory of Christmas Island. This amendment specifically includes the Financial Institutions Duty Act 1983 (W.A.) (C.I.) in the list of suspended applied laws, reflecting a targeted adjustment to the legal applicability within the territory.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance 1995 applies to the Territory of Christmas Island and modifies the existing Applied Laws (Implementation) Ordinance 1992. This amendment serves to suspend the applicability of the Financial Institutions Duty Act 1983 from Western Australia to Christmas Island, effective from the date of commencement, 1 January 1995. The Ordinance ensures that the laws of Western Australia, specifically concerning financial institutions duty, do not extend their jurisdiction to Christmas Island. This legislative alteration is aimed at clarifying the legal landscape in the territory, ensuring that local governance and economic activities are not unduly burdened by external financial regulations. The application of this Ordinance is confined to the geographical and jurisdictional boundaries of Christmas Island, and it does not extend beyond this area unless otherwise specified by subordinate instruments or further legislative actions.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance 1995 (sections 1 to 4) amends the Applied Laws (Implementation) Ordinance 1992 to update the list of laws applied to the Territory of Christmas Island. Specifically, it includes the Financial Institutions Duty Act 1983 (W.A.) as a suspended applied law (section 4). This means that while the Act is applied to the Territory, its application can be suspended by a legislative instrument under the Christmas Island Act 1958. The ordinance came into effect on 1 January 1995, as stated in section 2. The obligations and requirements imposed by this amendment are primarily administrative in nature. The amendment does not create new duties for individuals or entities but ensures that the Financial Institutions Duty Act 1983 (W.A.) is appropriately referenced and managed within the legal framework of the Territory. The inclusion of this Act in the schedule signifies that it is subject to the Territory's legal processes, albeit with the possibility of suspension as per the legislative provisions of the Christmas Island Act 1958. There are no specific offences, penalties, or consequences outlined in the text for breach of the provisions in this ordinance. However, any breach of the applied laws themselves, such as the Financial Institutions Duty Act 1983 (W.A.), would be subject to the penalties and consequences outlined in those respective Acts. The primary focus of the amendment is on the administrative management of these laws rather than the imposition of new sanctions.