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

Overview

The Territory of Cocos (Keeling) Islands Applied Laws (Implementation) (Amendment) Ordinance 1995 was enacted to amend the Applied Laws (Implementation) Ordinance 1992. This legislative instrument was introduced to address specific gaps in the application of Commonwealth laws to the Territory of Cocos (Keeling) Islands. The Ordinance was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. The primary objective of this amendment is to modify the list of suspended applied laws, ensuring that relevant legislation is appropriately integrated into the legal framework governing the Territory of Cocos (Keeling) Islands. This amendment specifically adds the Financial Institutions Duty Act 1983 (W.A.)(C.K.I.) to the Schedule of suspended applied laws.

Scope and Application

The Territory of Cocos (Keeling) Islands Applied Laws (Implementation) (Amendment) Ordinance 1995 applies to the Cocos (Keeling) Islands, modifying the Applied Laws (Implementation) Ordinance 1992. The Ordinance is designed to alter the existing legal framework by amending the list of laws that are applied to the territory, specifically by suspending the Financial Institutions Duty Act 1983 from Western Australia in relation to the Cocos (Keeling) Islands. This change is effective as of 1 January 1995, as stipulated by the commencement clause. The Ordinance's scope is limited to the legislative changes specified within the document, and it does not extend to other territories or jurisdictions unless explicitly stated through subordinate instruments or further amendments. The application of this Ordinance is confined to the administrative and legal practices within the Cocos (Keeling) Islands, ensuring that the amendments are directly relevant to the governance and financial regulation of the territory.

Key Provisions

The main operative sections of the Territory of Cocos (Keeling) Islands – Applied Laws (Implementation) (Amendment) Ordinance 1995 (sections 3 and 4) amend the Applied Laws (Implementation) Ordinance 1992. Specifically, section 4.1 inserts the Financial Institutions Duty Act 1983 (Western Australia) into the list of suspended applied laws in the Schedule of the 1992 Ordinance. This means that the Financial Institutions Duty Act 1983 (Western Australia) is now subject to suspension under the 1995 Ordinance. The obligations and requirements imposed by the 1995 Ordinance on the parties or entities it governs primarily involve adhering to the amendments specified. By including the Financial Institutions Duty Act 1983 (Western Australia) in the Schedule of suspended laws, the Ordinance mandates that this particular act does not apply to the Territory of Cocos (Keeling) Islands unless and until the suspension is lifted by a further legislative action. This implies that any actions or regulations that would otherwise be governed by the Financial Institutions Duty Act 1983 (Western Australia) are to be disregarded within the territory, as per the terms of the 1995 Ordinance. In terms of offences, penalties, or consequences for breach, the 1995 Ordinance itself does not specify any particular breaches, penalties, or consequences. However, any attempt to enforce the Financial Institutions Duty Act 1983 (Western Australia) within the territory without lifting the suspension would be considered an unlawful imposition of a suspended law, potentially leading to legal disputes. The maximum penalties or consequences would depend on the specific legal actions taken in response to such an enforcement, but they would likely involve the courts interpreting and enforcing the suspension as outlined in the 1995 Ordinance.