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

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

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Territory of COCOS (KEELING) IslandS

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

No. 4 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 Cocos (Keeling) Islands Act 1955.

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.K.I.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 3—continued

 

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

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

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

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

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

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

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

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

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

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NOTES

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

2. Ordinance No. 5, 1992 as amended by No. 10, 1992; Nos. 3, 8, 9, 10 and 11 1993; No. 4, 1994; No. 1, 1995.

 

Overview

The Territory of Cocos (Keeling) Islands Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 was enacted to amend the Applied Laws (Implementation) Ordinance 1992, which applies laws from Western Australia to the Cocos (Keeling) Islands. This legislative instrument was introduced to address the need for updated legal frameworks on the islands by adjusting the suspension dates of certain applied laws and modifying the list of suspended applied laws to better suit the specific needs and circumstances of the islands. The enactment 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 policy objective of this amendment was to ensure the legal system on the islands remains relevant and effective by aligning it with current legislative requirements and conditions.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 amends the Applied Laws (Implementation) Ordinance 1992, applying specifically to the Territory of Cocos (Keeling) Islands. This legislative instrument establishes the jurisdiction by which certain laws applicable to Western Australia are implemented in the Territory. The Ordinance applies to individuals and entities operating within the Territory, ensuring that they comply with specified laws that have been adopted from Western Australia, thereby providing a legal framework for industries such as construction, land tax, occupational safety, and gaming. The changes include the suspension of certain provisions and applied laws, which were initially set to take effect from 1 January 1996, but are now postponed to 1 January 1997. The Ordinance also repeals specific applied laws, such as the Minimum Conditions of Employment Act 1993 and the Workplace Agreements Act 1993, indicating a shift in the regulatory approach for these areas within the Territory. The scope of the Ordinance is limited to the laws specified, and it does not apply to other areas not listed in the schedules.

Key Provisions

The main operative sections of the Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1995 (the "Ordinance") primarily concern the amendment of the Applied Laws (Implementation) Ordinance 1992. Specifically, Section 3 amends the existing Ordinance by changing the dates of suspension for certain applied laws from 1 January 1996 to 1 January 1997 (section 4 and section 5). Additionally, the Ordinance revises the Schedule 3, which lists the suspended applied laws, replacing the previous list with a new one (section 6). Schedule 4 introduces a new list of repealed applied laws (section 7). The Ordinance imposes certain obligations on the entities governed by it. Firstly, it requires the suspension of a range of specified laws as listed in Schedule 3 from 1 January 1997. This means that these laws will not be applicable on the Cocos (Keeling) Islands from this date. Furthermore, the Ordinance mandates the repeal of the laws listed in Schedule 4, which effectively removes them from the legal framework of the islands. The Ordinance does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the suspension or repeal of applied laws by the Ordinance could potentially lead to legal consequences for non-compliance with these changes. For instance, if any party continues to enforce a suspended or repealed law after the effective date, they might face legal challenges or penalties under the local laws of the Cocos (Keeling) Islands or relevant Australian legislation. The specific consequences would depend on the nature of the breach and the applicable laws at the time.

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