Applied Laws (Implementation) (Amendment) Ordinance (No. 3) 1993 (CI)

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

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Territory of Christmas Island

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Applied Laws (Implementation) (Amendment) Ordinance (No. 3) 1993

No. 13 of 1993

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 15 December 1993.

 

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

 

 

WARREN SNOWDON

Parliamentary Secretary to the

Minister for the Environment, Sport and Territories

 for the 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. 3) 1993.1

2.   Commencement

2.1   This Ordinance commences on 1 January 1994.

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 1994.”, substitute “1 January 1995.”.

5.    Section 5 (Suspension of applied laws)

5.1   Omit “1 January 1994.”, substitute “1 January 1995.”.

6.   Schedule 3 (Suspension of applied laws)

6.1   Omit the Schedule, substitute:

SCHEDULE 3                               Section 5

 

SUSPENDED APPLIED LAWS

 

Agriculture and Related Resources Protection Act 1976 (W.A.)(C.I.)

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

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

Building Societies Act 1976 (W.A.)(C.I.)

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

Chicken Meat Industry Act 1977 (W.A.)(C.I.)

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

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

Cooperative and Provident Societies Act 1903 (W.A.)(C.I.)

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

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

Country Areas Water Supply Act 1947 (W.A.)(C.I.)

Country Towns Sewerage Act 1948 (W.A.)(C.I.)

Debit Tax Act 1990  (W.A.) (C.I.)

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

Fertilizers Act 1977 (W.A.)(C.I.)

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

Friendly Societies Act 1894 (W.A.)(C.I.)


SCHEDULE 3—continued

 

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

Government Employees Housing Act 1964 (W.A.)(C.I.)

Government Employees Superannuation Act 1987 (W.A.)(C.I.)

Housing Act 1980 (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.)

Maritime Archaeology Act 1973 (W.A.)(C.I.)

Marketing of Eggs Act 1945 (W.A.)(C.I.)

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

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

Municipal Water Supply Preservation Act 1892 (W.A.)(C.I.)

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

Petroleum Products Subsidy Act 1965 (W.A.)(C.I.)

Plant Diseases Act 1914 (W.A.)(C.I.)

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

Small Business Guarantee Act 1984 (W.A.)(C.I.)

State Employment and Skills Development Authority Act 1990 (W.A.)(C.I.)

Stock Diseases (Regulations) Act 1968 (W.A.)(C.I.)

Superannuation and Family Benefits Act 1938 (W.A.)(C.I.)

Taxation (Reciprocal Powers) Act 1989 (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.)

Transport Coordination Act 1966 (W.A.)(C.I.)

Trustee Companies Act 1987 (W.A.)(C.I.)

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

Water Supply, Sewerage and Drainage Act 1912 (W.A.)(C.I.)

Western Australian Water Resources Council Act 1982 (W.A.)(C.I.)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on  23 December  1993.

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

Overview

The Applied Laws (Implementation) (Amendment) Ordinance (No. 3) 1993 was enacted to amend the Applied Laws (Implementation) Ordinance 1992, thereby addressing the need to update and refine the implementation of certain Western Australian laws on Christmas Island. This legislative instrument was made by the Governor-General of the Commonwealth of Australia under the authority of the Christmas Island Act 1958. It came into effect on 1 January 1994, replacing the previous commencement date of 1 January 1995. The policy objective of this amendment was to ensure that the application of certain laws on Christmas Island aligns with the intended legislative framework, thereby maintaining consistency and legal clarity in the island's governance. This amendment primarily focused on the suspension of specific applied laws, which were listed in a new schedule replacing the old one, thus providing an updated list of suspended laws for implementation on Christmas Island.

Scope and Application

The Applied Laws (Implementation) (Amendment) Ordinance (No. 3) 1993 pertains to the Territory of Christmas Island and is made under the authority of the Christmas Island Act 1958. This Ordinance serves to amend the Applied Laws (Implementation) Ordinance 1992, which lists the Western Australian laws that apply to Christmas Island. The amendments primarily adjust the commencement dates of certain provisions from 1 January 1994 to 1 January 1995, thereby extending the suspension of the application of these specified Western Australian laws to Christmas Island by one year. The Ordinance applies to all persons and entities within the jurisdiction of Christmas Island, encompassing various industries and conduct regulated by the listed Western Australian laws. The geographic reach is limited to Christmas Island, a territory under federal jurisdiction, and does not extend beyond its boundaries. The Ordinance does not specify exclusions, exemptions, or thresholds, meaning the suspended laws broadly cease to apply as stated. Subordinate instruments may further detail or modify the application of this Ordinance.

Key Provisions

The Applied Laws (Implementation) (Amendment) Ordinance (No. 3) 1993 amends the Applied Laws (Implementation) Ordinance 1992. Specifically, it updates the dates from 1 January 1994 to 1 January 1995 in Sections 4 and 5 of the original ordinance (sections 4.1 and 5.1). This change affects the suspension of certain applied laws, extending the suspension period by one year. The amendment also replaces the Schedule in the original ordinance with a new list of Western Australian laws that are suspended (section 6.1). The obligations imposed by the ordinance primarily concern the implementation and enforcement of the laws listed in the amended Schedule. For entities and individuals operating under the jurisdiction of Christmas Island, the primary requirement is to comply with the suspended laws starting from the new date of 1 January 1995. This means that until this date, certain Western Australian laws will not apply to the Territory of Christmas Island, thereby allowing for a period where these laws are not enforced. Breach of the provisions set out in this ordinance could result in legal consequences. While the ordinance itself does not explicitly detail penalties for non-compliance, it is likely that any violations of the applied laws listed in the Schedule would be subject to the penalties and consequences as prescribed by those respective laws. This means that individuals or entities found to be in violation of the suspended laws after 1 January 1995 could face fines, imprisonment, or other civil and criminal penalties as specified under the Western Australian laws.

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