Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1993 (CI)

Overview

The Territory of Christmas Island Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1993 was enacted to amend the Applied Laws (Implementation) Ordinance 1992. This ordinance was introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Christmas Island Act 1958. The purpose of this amendment was to make specific changes to the application of laws on Christmas Island, particularly by removing the application of the Liquor Licensing Act 1988 from Western Australia to the territory of Christmas Island. The objective of this legislative action is to tailor the legal framework of Christmas Island more closely to its unique administrative and social needs, ensuring that laws applied are appropriate and effective for the local context.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1993 applies to the Territory of Christmas Island and amends the Applied Laws (Implementation) Ordinance 1992. It is made under the authority of the Christmas Island Act 1958 by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument specifically targets the suspension of applied laws within the Territory, and it alters the list of laws previously suspended by omitting the "Liquor Licensing Act 1988 (W.A.) (C.I.)" from the schedule. This amendment indicates a modification in the legal framework governing the application of external laws within the Territory, potentially impacting the regulation of liquor licensing. The Ordinance comes into effect upon gazettal, as stipulated in the Christmas Island Act 1958, section 9(2).

Key Provisions

The main operative sections of the Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1993 include section 2, which details the amendment of the Applied Laws (Implementation) Ordinance 1992, and section 3, which pertains to the Schedule concerning the suspension of applied laws. Section 2.1 explicitly states that the 1992 Ordinance is amended as outlined in this new Ordinance. In section 3.1, the specific amendment made to the Schedule is the omission of the "Liquor Licensing Act 1988 (W.A.) (C.I.)", indicating that this particular law is no longer applied to the Territory of Christmas Island. The obligations and requirements imposed by this Ordinance primarily involve the updating and maintenance of the list of applied laws on Christmas Island. The Ordinance requires that the list of laws be kept current and accurate, reflecting any amendments or repeals. By omitting the Liquor Licensing Act 1988 (W.A.) (C.I.) from the Schedule, the Ordinance mandates that this particular law is no longer to be applied in the Territory, ensuring that the legal framework governing the Island is up-to-date and reflective of current legislative intent. Regarding offences and penalties, the Ordinance itself does not explicitly state penalties for non-compliance with the amendments. However, under the overarching Christmas Island Act 1958, failure to adhere to the applied laws as amended could potentially lead to legal consequences. Depending on the nature of the breach, this could include administrative sanctions or legal action under the broader provisions of the Christmas Island Act 1958, although specific maximum penalties are not outlined in this Ordinance. Non-compliance could result in legal disputes or enforcement actions to ensure the correct application of laws on the Island.