Christmas Island Agreement Amendment Act 1981

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Christmas Island Agreement Amendment Act 1981

No. 107 of 1981

 

An Act relating to the Christmas Island Agreement

[Assented to 24 June 1981]

[Date of commencement 22 July 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Christmas Island Agreement Amendment Act 1981.

(2) The Christmas Island Agreement Act 19581 is in this Act referred to as the Principal Act.

Approval of agreement

2. The agreement a copy of which is set out in the Schedule is approved.

Interpretation

3. Section 4 of the Principal Act is amended by inserting before the definition of “the Commission” the following definition:

“‘the amended agreement’ means the agreement approved by section 6 as amended by the agreement approved by the Christmas Island


Agreement Act 1976 and by the agreement approved by the Christmas Island Agreement Amendment Act 1981;”.

Continuance of Christmas Island Phosphate Commission

4. Section 7 of the Principal Act is amended by omitting from sub-section (1) “the agreement approved by this Act” and substituting “the amended agreement”.

 

SCHEDULE Section 2

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND TO AMEND THE CHRISTMAS ISLAND

AGREEMENT 1958

The Government of Australia and the Government of New Zealand,

having on the 30th September 1958 entered into the agreement known as the Christmas Island Agreement 1958 (“the Principal Agreement”);

having amended certain provisions of the Principal Agreement by an agreement entered into on the 8th September 1976 (“the First Amending Agreement”); and

desiring to amend certain other provisions of the Principal Agreement,

have agreed as follows:

Article 1

1. The paragraph comprising Article 4 of the Principal Agreement is omitted and the following paragraphs are inserted in its stead:

“1. In the exercise of its responsibilities under Article 2 of this Agreement to manage and control on behalf of the said Governments the working of the said property, the Commission shall employ such managing agents as are jointly nominated by the said Governments.

“2. Managing agents shall be employed by the Commission under paragraph 1 of this Article on such terms as are agreed upon between the Commission and the managing agents and approved by the said Governments.”

2. Sub-paragraph (a) of Article 5 is omitted and the following sub-paragraph is inserted in its stead:

“(a) subject to the provision of sub-paragraph (b) of this Article, dispose of phosphate in Australia and New Zealand at a price and upon terms agreed upon by the two Governments;”

Article 2

Notwithstanding anything contained in the Principal Agreement as amended by the First Amending Agreement and by this Agreement, the title of the Commission to phosphate rock in stockpiles in Australia and New Zealand and phosphate rock in transit to the said countries at a date agreed upon by the said Governments may be transferred by the Commission to, or otherwise vested in, each of the respective Governments at a time and on terms agreed upon by the two Governments.

Article 3

The amendment of the Principal Agreement by this Agreement shall not affect the validity or efficacy of any act done prior to, or any matter subsisting at, the coming into force of this Agreement which was done or which arose prior to that date in pursuance of the provisions of the Principal Agreement as amended by the First Amending Agreement.

Article 4

1. Subject to paragraph 2 of this Article, this Agreement shall come into force on the date on which the Government of Australia notifies the Government of New Zealand that it has completed the processes necessary in Australia to give effect to this Agreement.

SCHEDULE—continued

2. The amendments of the Principal Agreement made by Article 1 shall take effect on the 1st July

3. The Principal Agreement as amended by the First Amending Agreement and by this Agreement shall be known as the Christmas Island Agreement 1958-1981.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement, and have affixed thereto their seals.

DONE at Canberra this ninth day of June 1981.

Michael MacKellar

L. J. Francis

For the Government of Australia

For the Government of New Zealand

 

NOTE

1. No. 69, 1958, as amended by No. 216, 1973.

Overview

The Christmas Island Agreement Amendment Act 1981 was enacted to address the need for updating the existing Christmas Island Agreement, originally established in 1958, and subsequently amended in 1976. The Act was introduced by the Commonwealth Parliament and received Royal Assent on 24 June 1981, commencing on 22 July 1981. The primary policy objective of the Act is to facilitate the continued operation of the Christmas Island Phosphate Commission, while also accommodating the evolving relationship between the Australian and New Zealand governments regarding the management and control of phosphate resources on Christmas Island. This is achieved by amending the Christmas Island Agreement to reflect changes in the terms under which managing agents are employed and the conditions for the disposal of phosphate within Australia and New Zealand.

Scope and Application

The Christmas Island Agreement Amendment Act 1981 applies to the management and control of the Christmas Island phosphate industry, as it amends the Christmas Island Agreement 1958. The Act pertains to the agreement between the Government of Australia and the Government of New Zealand, impacting the Christmas Island Phosphate Commission’s responsibilities and the terms under which managing agents are employed. It also addresses the disposition of phosphate in Australia and New Zealand. This legislation has a jurisdictional reach limited to the Commonwealth of Australia and applies to entities and individuals involved in the administration and management of the phosphate industry on Christmas Island. The Act specifies the terms under which title to phosphate rock may be transferred or vested in the respective governments. There are no explicit exclusions or thresholds mentioned in the Act, but the application of its provisions would depend on the terms negotiated between the two governments and the activities of the Christmas Island Phosphate Commission. The Act allows for further regulation and implementation through subordinate instruments, which may detail the procedures and specific arrangements for the management and control of the phosphate industry as amended by the agreement.

Key Provisions

The Christmas Island Agreement Amendment Act 1981 (No. 107 of 1981) amends the Christmas Island Agreement Act 1958 (referred to as the Principal Act). The main operative sections of this Act approve a new agreement (section 2) and amend the definition of "the amended agreement" to include the agreements approved by the Christmas Island Agreement Amendment Act 1981 (section 3). The Act also amends the Principal Act to replace references to "the agreement approved by this Act" with "the amended agreement" in Section 7 (section 4). The Schedule to the Act details the agreement between the Government of Australia and the Government of New Zealand to amend the Christmas Island Agreement 1958. The obligations and requirements imposed by this Act on the parties include the approval of the new agreement and the amendment of the definition of "the amended agreement" to encompass the various agreements. The Act also mandates that the Christmas Island Phosphate Commission, referred to as the Commission, must employ managing agents jointly nominated by the Australian and New Zealand governments for managing and controlling the Christmas Island property. The terms of employment for these agents must be agreed upon by the Commission and the managing agents and approved by both governments. Additionally, the Commission is required to dispose of phosphate in Australia and New Zealand at prices and terms agreed upon by the two governments. The title of the Commission to phosphate rock in stockpiles and in transit to Australia and New Zealand can be transferred or vested in the respective governments, subject to agreement between the two governments. Failure to comply with the provisions of this Act can lead to civil or criminal consequences. The specific penalties for breach of the Act are not explicitly stated in the text. However, under Australian law, breaches of legislative provisions can typically result in fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the relevant legislation. The exact penalties would be determined by the courts in the context of individual cases, taking into account the circumstances and the nature of the offence.

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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.