Christmas Island Local Government (Councillor Numbers) Order 2025
I, Kristy McBain, Minister for Regional Development, Local Government and Territories, make the following order.
Dated: 28 May 2025
Kristy McBain
Minister for Regional Development, Local Government and Territories
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Number of councillors
6 Consequential directions
1 Name
This instrument is the Christmas Island Local Government (Councillor Numbers) Order 2025.
2 Commencement
This instrument commences on the later of:
(a) the start of the day after this instrument is registered; and
(b) immediately after the commencement of the Christmas Island Local Government (Population Estimate) Order 2025.
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
3 Authority
This instrument is made under sections 2.18A and 9.62 of the Local Government Act 1995 (WA) as in force in the Territory of Christmas Island under the Christmas Island Act 1958 (Cth).
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) council;
(b) councillor;
(c) ordinary election day.
In this instrument:
Act means the Local Government Act 1995 (WA) as in force in the Territory of Christmas Island under the Christmas Island Act 1958 (Cth).
5 Number of councillors
(1) For the purposes of paragraph 2.18A(1)(a) and subparagraph 2.18A(2)(b)(ii) of the Act, the number of offices of councillor that the council of the Christmas Island Shire is to have is 7.
(2) For the purposes of subsection 2.18A(3) of the Act, subsection (1) of this section has effect on and from the next ordinary election day for the Christmas Island Shire that falls after the day on which this instrument commences.
6 Consequential directions
The following directions are given under section 9.62 of the Act, in order to give effect to section 5 of this instrument:
(a) Part 4 of the Act applies to preparing for and conducting the next election as if the changes effected by section 5 of this instrument take effect on the commencement of this instrument;
(b) the operation of Part 4 of the Act is modified to the extent necessary for the purposes of paragraph (a).
Overview
The Christmas Island Local Government (Councillor Numbers) Order 2025 was made under the authority of Kristy McBain, the Minister for Regional Development, Local Government and Territories. This Order was enacted to address the need to specify the number of councillors for the Christmas Island Shire, ensuring that local governance structures are clearly defined and can function effectively. The Order comes into effect on the later of the day after it is registered or immediately after the commencement of the Christmas Island Local Government (Population Estimate) Order 2025, provided the latter event occurs. If the specified event does not take place, the Order will not commence at all. The primary objective of this Order is to delineate the number of councillor positions in the Christmas Island Shire, setting it at seven, and to ensure these changes are implemented from the next ordinary election day following the commencement of this Order. This ensures a smooth transition and compliance with the Local Government Act 1995 (WA) as in force in the Territory of Christmas Island under the Christmas Island Act 1958 (Cth).
Scope and Application
The Christmas Island Local Government (Councillor Numbers) Order 2025 applies specifically to the Christmas Island Shire Council, determining the number of councillor positions within the council to be seven. This order is made under sections 2.18A and 9.62 of the Local Government Act 1995 (WA), as in force in the Territory of Christmas Island under the Christmas Island Act 1958 (Cth). The instrument comes into effect on the later of the day after it is registered or immediately after the commencement of the Christmas Island Local Government (Population Estimate) Order 2025, provided that the latter event occurs. However, if the specified event does not take place, the order does not come into effect at all. The specified number of councillors will take effect from the next ordinary election day for the Christmas Island Shire that occurs after the commencement of this order. Additionally, the order includes consequential directions to ensure that Part 4 of the Act applies to the preparation and conduct of the next election as if the changes took effect on the commencement of this instrument.
Key Provisions
The Christmas Island Local Government (Councillor Numbers) Order 2025 (sections 1 to 6) establishes the number of councillor positions for the council of the Christmas Island Shire. According to section 5(1), the council will have seven councillor positions. This requirement comes into effect from the next ordinary election day following the commencement of this Order, as detailed in section 5(2). The Order is set to commence on the later of the day after it is registered or immediately after the commencement of the Christmas Island Local Government (Population Estimate) Order 2025, as stated in section 2. However, if the latter event does not occur, the provisions of this Order will not commence at all.
The Order imposes specific obligations on the council and other relevant parties. Section 5 mandates that the council of the Christmas Island Shire must consist of seven councillor positions. Furthermore, section 6 outlines consequential directions to ensure that the changes made by section 5 are effectively implemented. These directions modify Part 4 of the Local Government Act 1995 (WA), as it applies to the Territory of Christmas Island, to account for the new councillor numbers from the commencement of this Order.
The Order does not explicitly state any offences, penalties, or consequences for non-compliance. However, it is likely that any failure to adhere to the provisions regarding the number of councillor positions could result in legal challenges or administrative actions under the Local Government Act 1995 (WA). While the specific penalties are not detailed in this Order, breaches of local government legislation can potentially lead to fines, legal disputes, or other administrative consequences as prescribed by the relevant Act.