Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 (CI)

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

Legislation au F2006B00514 Not in force Legislative Instrument

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Territory of Christmas Island

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Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995

No. 6 of 1995

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.

Dated 12 December 1995.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

 

 

 

JOHN FAULKNER

Minister for the Environment, Sport and Territories

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An Ordinance to amend the Applied Laws (Implementation) Ordinance 1992

1.   Short title

1.1   This Ordinance may be cited as the Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995.1

2.   Commencement

2.1   This Ordinance commences on 1 January 1996.

3.    Amendment

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

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

4.1   Omit “1 January 1996.”, substitute “1 January 1997.”.

5.    Section 5 (Suspension of applied laws)

5.1   Omit “1 January 1996.”, substitute “1 January 1997.”.

6.   Schedule 3 (Suspended applied laws)

6.1   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.I.)

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

Casino Control Act 1984 (W.A.)(C.I.)

Commercial Tenancy (Retail Shops) Agreements Act 1985 (W.A.)(C.I.)

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

Corporations (Taxing) Act 1990 (W.A.)(C.I.)

Corporations (Western Australia) Act 1990 (W.A.)(C.I.)

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

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

Financial Institutions Duty Act 1983 (W.A.)(C.I.)

Gaming Commission Act 1987 (W.A.)(C.I.)

Juries Act 1957 (W.A.)(C.I.)

Land Tax Act 1976 (W.A.)(C.I.)

Land Tax Assessment Act 1976 (W.A.)(C.I.)

Land Tax Relief Act 1991 (W.A.)(C.I.)


SCHEDULE 3—continued

 

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

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

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

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

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

Totalisator Agency Board Betting Act 1960 (W.A.)(C.I.)

Totalisator Agency Board Betting Tax Act 1960 (W.A.)(C.I.)

Water Authority Act 1984 (W.A.)(C.I.)”.

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7.   Schedule 4 (Repealed applied laws)

7.1   Insert in the Schedule:

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

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

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NOTES

1. Notified in the Commonwealth of Australia Gazette on  19 December 1995.

2. Ordinance No. 1, 1992 as amended by No. 10, 1992; Nos. 4, 9, 12 and 13, 1993; No. 4, 1994; No. 1, 1995.

 

Overview

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995, enacted by the Christmas Island Act 1958, was introduced to address the need for amending the existing legal framework governing the application of certain Western Australian laws to Christmas Island. This ordinance was made under the authority of the Governor-General, acting with the advice of the Federal Executive Council, and was designed to ensure the smooth implementation and application of relevant laws to the Territory of Christmas Island. The primary objective of this legislation was to revise and update the list of suspended and repealed applied laws, reflecting the evolving legal and administrative needs of the territory. This amendment aimed to streamline the application process and ensure that only the most relevant and necessary laws were suspended or repealed, facilitating better governance and compliance with the local administrative requirements of Christmas Island.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 applies to the Territory of Christmas Island and amends the Applied Laws (Implementation) Ordinance 1992. The amendment adjusts the dates on which certain Western Australian laws are suspended and introduces a new schedule of suspended laws effective from 1 January 1997. This ordinance affects all persons and entities subject to the specified Western Australian laws within the territory, including industries such as construction, gaming, and residential tenancies, by suspending the application of these laws. The geographic reach of this legislation is limited to Christmas Island, and it operates under the authority of the Christmas Island Act 1958. The ordinance also includes a schedule of repealed applied laws, indicating the cessation of their applicability in the territory.

Key Provisions

The main operative sections of the Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 (section 3) amend the Applied Laws (Implementation) Ordinance 1992 (section 4) by changing the dates from 1 January 1996 to 1 January 1997 for the suspension of certain provisions of applied laws (section 4.1) and the suspension of applied laws themselves (section 5.1). The Schedule 3 of the Ordinance lists the specific suspended applied laws, which include the Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.) (C.I.), the Casino Control Act 1984 (W.A.) (C.I.), and others, indicating that these laws will be suspended starting from 1 January 1997. Additionally, Schedule 4 introduces the repeal of the Minimum Conditions of Employment Act 1993 (W.A.) (C.I.) and the Workplace Agreements Act 1993 (W.A.) (C.I.). The obligations and requirements imposed by the Ordinance primarily involve ensuring that the specified applied laws are suspended as of the new date, 1 January 1997. For instance, the entities and parties governed by these laws must prepare for the cessation of their application from the new date and may need to make necessary adjustments to comply with the changes. Additionally, the entities that were previously subject to the repealed laws must ensure they are no longer enforced after the specified date. The Ordinance does not explicitly mention offences, penalties, or civil/criminal consequences for breaches. However, entities and individuals who fail to comply with the suspended or repealed laws from 1 January 1997 could face legal repercussions under the applicable laws that are not suspended or repealed. The consequences could include fines, legal penalties, or other sanctions as stipulated by the respective laws that were in effect prior to the amendments made by this Ordinance.

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