Christmas Island (Courts) Amendment Regulations 2006 (No. 1)

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

Legislation au F2006L02819 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 225

 

Christmas Island Act 1958

Christmas Island (Courts) Amendment Regulations 2006 (No. 1)

 

 

Section 23 of the Christmas Island Act 1958 (‘the Act’) provides in part, that the

Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 14B of the Act provides in part, (subject to certain exceptions) that the courts and court officers of Western Australia have jurisdiction in the Territory of Christmas Island as if the Territory were part of Western Australia.  Subsection 4(1) of the Act defines a ‘court of Western Australia’ to include ‘any other court or tribunal specified in the regulations’ and a ‘court officer of Western Australia’ to include ‘any other office in respect of a court of Western Australia being an office specified in the regulations’.

 

Section 8H of the Act enables the Commonwealth to enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.  The Commonwealth has entered into an arrangement with the WA Department of Justice to administer the Western Australian laws in that portfolio which are applied in the Territory.  The portfolio legislation includes the State Administrative Tribunal Act 2004 (WA) (CI) (‘the SAT Act’) and State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (WA) (CI) (‘the Amendment and Repeal Act’) which commenced in January 2005.  In order for this legislation to be effectively administered it is necessary for the jurisdiction of the Territory to be conferred on the State Administrative Tribunal.

 

The purpose of the Regulations is to amend the Christmas Island (Courts) Regulations 1993 to:

  • confer jurisdiction in the Territory on the State Administrative Tribunal; and
  • to make minor and technical amendments to correct out of date names of relevant Acts and the description of courts, tribunals and court officers.

 

Details of the Regulations are as follows.

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Christmas Island (Courts) Amendment Regulations 2006 (No. 1).

 

Regulation 2 - Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 - Amendments

 

This regulation provides that the Christmas Island (Courts) Regulations 1993 (‘the Principal Regulations’) are amended as set out in the Schedule.

 

Schedule 1 - Amendments

 

Item [1] - Paragraphs 4(b) and (c)

 

This item substitutes a new paragraph 4(b) to reflect the repeal of the Criminal Injuries Compensation Act 1985 (WA) (CI) by the Criminal Injuries Compensation Act 2003 (WA) (CI).  The Chief Assessor of Criminal Injuries Compensation and the Assessor of Criminal Injuries Compensation under the latter Act are to be specified for the purposes of the Act as a "court or tribunal" to give them jurisdiction in Christmas Island.

 

This item also substitutes a new paragraph 4(c) to reflect that the Guardianship and Administration Board has been replaced by the State Administrative Tribunal and to provide that the latter is specified for the purposes of the CI Act as a "court or tribunal" to give it jurisdiction in Christmas Island.

 

Item [2] - Paragraphs 4(d), (e), (i), (j) and (k)

 

This item omits paragraphs:

  • 4(d) - to reflect the repeal of the Land Valuation Tribunals Act 1978 (WA) (CI);
  • 4(e) - to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CI);
  • 4(i) - to reflect that the State Administrative Tribunal has replaced the Retirement Villages Disputes Tribunal;
  • 4(j) - to reflect the repeal of the Small Claims Tribunal Act 1974 (WA) (CI); and
  • 4 (k) - to reflect that the Strata Titles Referee has been replaced by the executive officer of the State Administrative Tribunal.

 

Item [3] - Paragraph 4(m)

 

This item substitutes a new paragraph 4(m) to reflect the correct name of the Workers’ Compensation and Injury Management Act 1981 (WA) (CI) (formerly called the Workers’ Compensation and Rehabilitation Act 1981 (WA) (CI)) and to reflect the change in the name of the "court or tribunal" provided for in that Act, namely, "a dispute resolution body" so that this body is specified for the purposes of the CI Act as a "court or tribunal" to give it jurisdiction in Christmas Island.

 

Item [4] - Paragraphs 4(n) and (o)

 

This item omits paragraphs:

  • 4(n) - to reflect that the State Administrative Tribunal has replaced the Town Planning Appeal Tribunal; and
  • 4(o) - to reflect that the State Administrative Tribunal has replaced the Equal Opportunity Tribunal.

 

Item [5] - Paragraph 4(s)

 

This item substitutes a new paragraph 4(s) to reflect a change in the name of the "court or tribunal" provided for in the Motor Vehicle Dealers Act 1973 (WA) (CI), which is now called "the Motor Vehicle Industry Board" so that this body is specified for the purposes of the CI Act as a "court or tribunal" to give it jurisdiction in Christmas Island.

 

Item [6] - Paragraph 5(b)

 

This item substitutes a new paragraph 5(b) to reflect that the Guardianship and Administration Board has been replaced by the State Administrative Tribunal and to provide that the relevant office holders of the latter are specified for the purposes of the CI Act as "court officers of Western Australia" to give those office holders jurisdiction in Christmas Island.

 

Item [7] - Paragraphs 5(c) to (h)

 

This item omits paragraphs:

  • 5(c) - to reflect the repeal of the Land Valuation Tribunals Act 1978 (WA) (CI);
  • 5(d) - to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CI);
  • 5(e) – to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CI);
  • 5(f) - to reflect that the State Administrative Tribunal has replaced the Retirement Villages Disputes Tribunal;
  • 5(g) - to reflect that the State Administrative Tribunal has replaced the Retirement Villages Disputes Tribunal; and
  • 5(h) - to reflect the repeal of the Small Claims Tribunal Act 1974 (WA) (CI).

 

Item [8] - Paragraph 5(l)

 

This item substitutes a new paragraph 5(l) to provide that all the relevant office holders under the Coroners Act 1996 (WA) (CI) are specified for the purposes of the CI Act as "court officers of Western Australia" to give those office holders jurisdiction in Christmas Island.

 

Item [9] - Paragraphs 5(m) and (n)

 

This item omits paragraphs:

  • 5(m) - to reflect that the State Administrative Tribunal has replaced the Town Planning Appeal Tribunal; and
  • 5(n) - to reflect that the State Administrative Tribunal has replaced the Equal Opportunity Tribunal.

 

Item [10] - Paragraph 5(r)

 

This item substitutes a new paragraph 5(r) to reflect the change in the name of the Motor Vehicle Industry Board which was formerly called the Motor Vehicle Dealers Licensing Board.

 

Overview

The Christmas Island (Courts) Amendment Regulations 2006 (No. 1) were introduced to address the need for updated and accurate legal administration in the Territory of Christmas Island under the Christmas Island Act 1958. Enacted by the Parliament of Australia, the regulations aimed to amend the Christmas Island (Courts) Regulations 1993 to effectively confer jurisdiction in the Territory on the State Administrative Tribunal, and to correct out of date names of relevant Acts and descriptions of courts, tribunals and court officers. This amendment was necessary to ensure the effective administration of Western Australian laws applied in the Territory, as agreed upon by the Commonwealth and the Western Australian Government. The policy objective was to facilitate a seamless integration of Western Australian tribunals and courts within the legal framework of Christmas Island, thus enhancing the efficiency and clarity of legal proceedings in the Territory.

Scope and Application

The Christmas Island (Courts) Amendment Regulations 2006 (No. 1) amend the Christmas Island (Courts) Regulations 1993 to confer jurisdiction on the State Administrative Tribunal of Western Australia for various tribunals and courts previously administered by different entities in Western Australia. This legislative amendment ensures that the State Administrative Tribunal has the authority to handle cases in Christmas Island as if it were part of Western Australia, as provided under Section 14B of the Christmas Island Act 1958. This includes the substitution and omission of specific tribunals and court officers to reflect recent legislative changes and the replacement of certain tribunals by the State Administrative Tribunal. The regulations also correct outdated names of relevant Acts and descriptions of courts, tribunals, and court officers. These amendments aim to streamline the administration of justice in Christmas Island by aligning it with the current legal framework of Western Australia.

Key Provisions

The Christmas Island (Courts) Amendment Regulations 2006 (No. 1) are designed to align the jurisdiction of certain Western Australian courts and tribunals with the legislative changes on Christmas Island. These Regulations amend the Christmas Island (Courts) Regulations 1993 to ensure that the State Administrative Tribunal and other relevant bodies can exercise their jurisdiction on the island. Specifically, Regulation 3 and the Schedule outline the amendments to the Principal Regulations to reflect the changes in the names and functions of various tribunals and officers. These amendments are necessary to ensure that the Western Australian courts and tribunals can continue to administer justice on Christmas Island as if it were part of Western Australia. For instance, the State Administrative Tribunal is now specified as a "court or tribunal" under the Christmas Island Act 1958 (CI Act) to give it jurisdiction over matters on the island (Schedule, Item [3], Paragraph 4(c)). Similarly, the relevant office holders under the Coroners Act 1996 (WA) (CI) are now specified as "court officers of Western Australia" to give them jurisdiction in Christmas Island (Schedule, Item [8], Paragraph 5(l)). The obligations imposed by these Regulations include ensuring that the Western Australian courts and tribunals are properly notified of their jurisdiction in the Territory and that they comply with the requirements set forth in the CI Act. The Regulations also mandate the inclusion of relevant Western Australian legislation in the administration of justice on Christmas Island, which necessitates the specification of new tribunals and officers as "courts or tribunals" and "court officers of Western Australia" (Schedule, Items [1] to [10]). Breach of these Regulations may not explicitly provide for specific offences or penalties within the text provided. However, any failure to comply with the CI Act or the specified regulations could potentially lead to legal consequences. Under the CI Act, non-compliance with the provisions regarding the jurisdiction of Western Australian courts and tribunals might result in actions to enforce the proper administration of justice on Christmas Island. The precise nature and extent of any penalties would depend on the specific breaches and the applicable laws.

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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.