Applied Laws (Implementation) Amendment Ordinance 1999 (No. 1) (CI)

Overview

The Territory of Christmas Island Applied Laws (Implementation) Amendment Ordinance 1999 (No. 1) was enacted to make amendments to the Applied Laws (Implementation) Ordinance 1992. This amendment was necessary to update and improve the legislative framework governing the application of certain laws on Christmas Island, ensuring they remain effective and relevant. The ordinance was enacted by the Governor-General, William Patrick Deane, under the authority of the Christmas Island Act 1958. The policy objective of this amendment was to align the laws on the island with contemporary needs and standards, facilitating better governance and legal certainty for residents and authorities on the island. The ordinance came into effect on 1 January 2000, implementing changes that were intended to enhance the legal system's efficiency and responsiveness on Christmas Island.

Scope and Application

The Applied Laws (Implementation) Amendment Ordinance 1999 (No. 1) applies to the Territory of Christmas Island and is made under the authority of the Christmas Island Act 1958. This legislative instrument amends the Applied Laws (Implementation) Ordinance 1992, modifying the application of certain laws to the Territory, and it commenced on 1 January 2000. The ordinance affects the legal framework by altering the effective date of certain provisions, as evidenced by the amendments listed in the Schedule. Specifically, it omits certain sections and inserts new dates for the application of the Water Agencies (Powers) Act 1984 (W.A.) within the Territory, thereby adjusting the implementation timeline. The changes are intended to align the application of specified laws with the administrative needs and legal environment of Christmas Island, ensuring that the laws are applied effectively and consistently within the Territory's jurisdiction.

Key Provisions

The main operative sections of the Territory of Christmas Island Applied Laws (Implementation) Amendment Ordinance 1999 (No. 1) (the "Ordinance") pertain to the amendments of the Applied Laws (Implementation) Ordinance 1992. Specifically, section 3 of the Ordinance makes amendments to the Applied Laws (Implementation) Ordinance 1992 through Schedule 1. These amendments include changes to the commencement date of certain laws and the incorporation of the Water Agencies (Powers) Act 1984 (W.A.) (C.I.) into the schedule of applicable laws. Under the Ordinance, there are obligations and requirements imposed on the parties or entities it governs. The primary requirement is the implementation of the amended Applied Laws (Implementation) Ordinance 1992, which will now include the Water Agencies (Powers) Act 1984 (W.A.) (C.I.). Additionally, the commencement date for certain laws has been changed from 1 January 2000 to 1 January 2002, meaning that these laws will now come into effect at a later date. The Ordinance also outlines the potential consequences for non-compliance. While the Ordinance does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach, it is likely that breaches of the amended Applied Laws (Implementation) Ordinance 1992 would result in legal action. Under the Applied Laws (Implementation) Ordinance 1992, penalties for non-compliance can include fines, imprisonment, or both. The maximum penalties for offences under this Ordinance can vary depending on the specific provision being breached, but in some cases, they can include fines of up to $22,000 and/or imprisonment for up to two years.