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

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Territory of Cocos (Keeling) Islands

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

No. 9 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 Cocos (Keeling) Islands Act 1955.

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.K.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.K.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.K.I.)

Building and Construction Industry Training Levy Act 1990  (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.)

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

8.   Schedule 4 (Repealed applied laws)

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

8.2   Insert in the Schedule:

 

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

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

__________________

 SCHEDULE Section 6

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

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

 

Young Offenders Act 1994 (W.A.) (C.K.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. 5, 1992 as amended by No. 10, 1992; Nos. 3, 8, 9, 10 and 11 1993; No. 4 1994; Nos. 1 and 4, 1995; No. 6, 1996.

 

Overview

The Territory of Cocos (Keeling) Islands Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 was enacted to amend the Applied Laws (Implementation) Ordinance 1992, which brought various laws from Western Australia into effect in the Territory of Cocos (Keeling) Islands. This amendment ordinance, promulgated by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, seeks to align the Territory’s legal framework with the current administrative and operational needs, particularly by adjusting the effective dates of certain provisions and the scope of applied laws. The objective is to ensure the legal system in the Territory remains relevant and adequately addresses the unique circumstances of the Cocos (Keeling) Islands, while maintaining a close alignment with Western Australian laws where appropriate.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 applies to the Territory of Cocos (Keeling) Islands, which is a territory of Australia. This legislation amends the Applied Laws (Implementation) Ordinance 1992, primarily to update the application of various laws to the Territory, including the Coroners Act 1996 and the Young Offenders Act 1994 from Western Australia. The ordinance makes specific amendments to these acts to ensure they are applicable to the Territory's context, such as modifying definitions to include the Territory or its coastal sea and omitting certain sections that are not relevant or applicable to the Territory. Additionally, the ordinance adjusts the list of suspended and repealed applied laws to better align with the Territory's needs and circumstances. The changes under this ordinance are set to commence on 1 January 1998, effectively updating the legal framework governing the Territory.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance (No. 2) 1996 (referred to as the Ordinance) makes several amendments to the Applied Laws (Implementation) Ordinance 1992. The most notable changes include the amendment of the suspension dates for certain applied laws from 1 January 1997 to 1 January 1998 (sections 4 and 5), the insertion of amendments to the Coroners Act 1996 (W.A.) (C.K.I.) and Young Offenders Act 1994 (W.A.) (C.K.I.) in Schedule 1, and the substitution of the Schedule 3 list of suspended applied laws with a new list (sections 6 and 7). The Ordinance also corrects the reference to the Heritage of Western Australia Act 1991 (W.A.) (C.K.I.) to the Heritage of Western Australia Act 1990 (W.A.) (C.K.I.) in Schedule 4, and adds the Casino Control Act 1984 (W.A.) (C.K.I.) and Gaming Commission Act 1987 (W.A.) (C.K.I.) to the list of repealed applied laws (sections 8.1 and 8.2). The Ordinance imposes several obligations on the parties or entities it governs. Firstly, it requires the suspension of certain applied laws from 1 January 1998 instead of 1 January 1997 (sections 4 and 5). Secondly, it requires the insertion of amendments to the Coroners Act 1996 (W.A.) (C.K.I.) and Young Offenders Act 1994 (W.A.) (C.K.I.) as set out in Schedule 1 of the Ordinance (section 6). Thirdly, it requires the substitution of the Schedule 3 list of suspended applied laws with the new list provided in the Ordinance (section 7). Fourthly, it requires the correction of the reference to the Heritage of Western Australia Act 1991 (W.A.) (C.K.I.) to the Heritage of Western Australia Act 1990 (W.A.) (C.K.I.) in Schedule 4 (section 8.1). Lastly, it requires the addition of the Casino Control Act 1984 (W.A.) (C.K.I.) and Gaming Commission Act 1987 (W.A.) (C.K.I.) to the list of repealed applied laws in Schedule 4 (section 8.2). The Ordinance does not explicitly state any offences, penalties, or consequences for breach. However, it is possible that breach of any of the obligations imposed by the Ordinance could result in legal action or other consequences under applicable laws. It is important for parties or entities governed by the Ordinance to ensure compliance with its provisions to avoid any potential legal or other consequences.

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