Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 (CI)

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

Legislation au F2006B00516 Not in force Legislative Instrument

Legislation content

Territory of Christmas Island

______________

Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996

No. 11 of 1996

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 20 December 1996.

 

 WILLIAM DEANE

 Governor-General

 By His Excellency’s Command,

 

 

WARWICK SMITH

Minister for Sport, Territories and Local Government

__________

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) 1996.1

2.   Commencement

2.1   This Ordinance commences on 1 January 1997.

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 1997.”, substitute “1 January 1998.”.

5.   Section 5 (Suspension of applied laws)

5.1   Omit “1 January 1997.”, substitute “1 January 1998.”.

6.    Schedule 1 (Amendments of applied laws)

6.1   Insert in the Schedule the amendments of the Coroners Act 1996 (W.A.) (C.I.) set out in Part 1 of the Schedule to this Ordinance.

6.2   Insert in the Schedule the amendments of the Young Offenders Act 1994 (W.A.) (C.I.) set out in Part 2 of the Schedule to this Ordinance.

7.   Schedule 3 (Suspended applied laws)

7.1   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.)

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.)

Water Agencies (Powers) Act 1984 (W.A.) (C.I.)”.

8.   Schedule 4 (Repealed applied laws)

8.1   Omit “Heritage of Western Australia Act 1991 (W.A.) (C.I.)”, substitute “Heritage of Western Australia Act 1990 (W.A.) (C.I.)”.

8.2   Insert in the Schedule:

 

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

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

______________________

 SCHEDULE Section 6

PART 1—AMENDMENTS OF THE CORONERS ACT 1996 (W.A.) (C.I.)

 

Coroners Act 1996 (W.A.) (C.I.)

1.   Section 3 (Interpretation)

1.1   Definition of “reportable death”:

Omit “Western Australian”, substitute “Territory”.

1.2   Definition of “reportable death”(paragraph (i)):

Omit “Western Australia”, substitute “the Territory”.

1.3   Definition of “reportable death”(paragraph (j)):

Omit “Western Australia”, substitute “the Territory”.

1.4   Definition of “Western Australian death”:

Omit the definition.

1.5   Insert the following definitions:

‘coastal sea’ means:

 (a) the territorial sea adjacent to the Territory; and

 (b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;

and includes the airspace over, and the sea-bed and subsoil beneath, that sea;


‘Territory death’ means a death—

 (a) that occurred in the Territory or the coastal sea; or

 (b) where the body is in the Territory or the coastal sea; or

 (c) the cause of which occurred in the Territory or the coastal sea; or

 (d) of a person who was ordinarily residing in the Territory at the time of death;”.

2.   Section 22 (Jurisdiction of coroner to hold inquest into a death)

2.1   Subsection 22 (1):

Omit “Western Australian”, substitute “Territory”.

3.   Section 30 (Control of body)

3.1   Subsection 30 (1):

Omit “Western Australia”, substitute “the Territory”.

PART 2—amendments of the young offenders act 1994  (W.A.) (C.I.)

 

Young Offenders Act 1994 (W.A.) (C.I.)

1.   Section 3 (Definitions)

1.1   Definition of “special order”:

Omit the definition. 

2.   Section 58 (Responsible adult may be made liable)

2.1   Omit the section. 

3.   Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)

3.1   Omit the Division. 


NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2. Ordinance No. 1, 1992 as amended by No. 10, 1992; Nos. 4, 9, 12 and 13, 1993; No. 4, 1994; Nos. 1 and 6, 1995; No. 8, 1996.

 

Overview

The Territory of Christmas Island Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996, enacted by the Governor-General under the authority of the Christmas Island Act 1958, was designed to address the need for updating and aligning certain Western Australian laws as they applied to the Territory of Christmas Island. This amendment aimed to refine the legal framework governing the application of Western Australian laws to the Territory, particularly in relation to coroners' jurisdiction and the handling of young offenders. The Ordinance updates the definitions and jurisdictional scope concerning coroners and removes certain provisions related to young offenders, ensuring that the laws remain relevant and effective in the local context. This legislative change was made with the intent to provide a more precise and appropriate legal environment for the Territory, reflecting its unique circumstances and needs.

Scope and Application

The Territory of Christmas Island Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 amends the Applied Laws (Implementation) Ordinance 1992, which is a piece of legislation that facilitates the application of certain Western Australian laws to the Territory of Christmas Island. This amendment introduces changes to the scope and application of the applied laws in the Territory. The Ordinance applies to the persons and entities within the Territory of Christmas Island and to the conduct and transactions occurring within its jurisdiction. The geographic reach of this Ordinance is confined to the Territory of Christmas Island, a territory under the authority of the Commonwealth of Australia. The Ordinance includes specific amendments to the Coroners Act 1996 and the Young Offenders Act 1994, both of which are Western Australian laws that have been adapted for application in the Territory. Notably, the Ordinance also outlines the suspension of particular applied laws and includes a schedule of the repealed applied laws. The application of these laws may be further extended or restricted through subordinate instruments, although the Ordinance itself does not specify these details.

Key Provisions

The Territory of Christmas Island Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 amends the Applied Laws (Implementation) Ordinance 1992 to implement certain legislative changes in the Territory. The primary sections of the Ordinance include amendments to the commencement date of certain provisions, insertion of new amendments to applied laws, and modifications to the schedules that list suspended and repealed applied laws. Specifically, Section 4 adjusts the date from which certain provisions of applied laws are suspended, moving it from 1 January 1997 to 1 January 1998. Similarly, Section 5 also shifts the suspension of applied laws to the same date. Section 6 inserts amendments to the Coroners Act 1996 (W.A.) (C.I.) and the Young Offenders Act 1994 (W.A.) (C.I.), which are detailed in the schedules of the Ordinance. Furthermore, the schedules are updated to reflect changes to the list of suspended applied laws and the repeal of certain applied laws. The obligations imposed by the Ordinance primarily concern the application and implementation of amended laws within the Territory. It requires that the changes outlined in the schedules be enacted and that the new definitions and provisions be incorporated into the existing legal framework. For instance, the amended definitions in the Coroners Act 1996 (W.A.) (C.I.) must be adopted to reflect the jurisdictional changes, and the omitted sections in the Young Offenders Act 1994 (W.A.) (C.I.) must be disregarded. The Ordinance also mandates that the new list of suspended applied laws be adhered to, ensuring that the specified laws are not enforced within the Territory from the amended commencement date. The Ordinance also delineates consequences for non-compliance. While specific offences and penalties are not detailed within the text of the Ordinance itself, it can be inferred that failure to comply with the mandated changes and suspensions could result in legal repercussions. In general, non-compliance with an Ordinance of this nature might lead to civil or administrative penalties, depending on the nature and severity of the breach. For the most part, the exact nature and extent of these penalties would be governed by other relevant legislation or administrative guidelines. However, it is clear that adherence to the changes and schedules outlined in this Ordinance is crucial to avoid potential legal issues.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.