Christmas Island Utilities and Services Ordinance 2016

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

Legislation au F2016L00524 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Major Projects, Territories and Local Government

Christmas Island Act 1958

Christmas Island Utilities and Services Ordinance 2016

Authority

The Governor-General of the Commonwealth of Australia has made this Ordinance in accordance with the power granted to him under subsection 9(1) of the Christmas Island Act 1958 (the Christmas Island Act), to make ordinances for the peace, order and good government of the Territory of Christmas Island (Christmas Island).

This Ordinance is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

Background

Christmas Island was acquired by the Commonwealth of Australia under section 122 of the Commonwealth of Australia Constitution Act 1900.

The current legal framework of Christmas Island was established by the Christmas Island Act, the purpose of which is to provide for the administration and governance of Christmas Island.  Ordinances created under the Christmas Island Act allow for the laws of Christmas Island to reflect Commonwealth policy, governance and legislative arrangements. 

Subsection 8A(2) of the Christmas Island Act provides that the laws of WA, which are applied law on Christmas Island, can be amended or repealed by Ordinance.

Purpose and Operation

The Ordinance repeals the Utilities and Services Ordinance 1996 (CI) and substitutes it so that it complies with the Office of Parliamentary Counsel’s current language and drafting practises.

The Ordinance also:

a)             ensures the consistent use of the term ‘fees and charges’ across the Ordinance;

b)             clarifies the scope of powers of the Administrator in relation to making determinations of fees and charges for the supply of utilities and/or services on Christmas Island;

c)             ensures that an unpaid fee for a utility or service is a debt to the Commonwealth; and

d)             provides that a fee for a utility or service must not be such as to amount to taxation.

 

Consultation

In preparing this Ordinance, officers of the Department consulted with WA Government agencies that assist in the administration of applied laws amended by this Ordinance, and the Christmas Island community by way of a Community Bulletin that included a period of 14 days within which a community member could provide comments/feedback in relation to the proposed Ordinance, to the Department.


ATTACHMENT

Section 1 - Name of Ordinance

This section provides that the name of this Ordinance is the Christmas Island Utilities and Services Ordinance 2016.

Section 2 – Commencement

This section provides that this Ordinance commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Authority

This section provides that this Ordinance is made under the Christmas Island Act 1958.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.

Section 5 – Definitions

This section provides definitions of ‘fee’, and ‘utility or service’, for the purposes of this Ordinance.  The definition of ‘utility or service’ is not limited to the list in section 5 but can be expanded as required for operational need.

Section 6 – Administrator may arrange supply

This section provides that the Administrator may arrange for the supply of a utility or service, for the purposes of this Ordinance.

Section 7 – Fees for supply

This section provides that the Administrator may charge a fee for the supply of a utility or service.

This fee must be the fee determined by the Administrator by legislative instrument, or if the Administrator has not determined a fee for the supply by way of legislative instrument, then the fee will be the fee payable for the supply under an applied law.

Also, where a fee has been determined by the Administrator by legislative instrument, this determination must set out the date from which the fee applies, and may set out either how the fee is to be paid; and/or the time by which the fee is to be paid.

 

 

 

Section 8 – Fees must be notified in the Gazette

This section provides that the Administrator must not charge a fee unless the fee has been notified in the Gazette.

Relevantly, this notice must specify the amount of the fee, or the method for calculating the fee (including any amounts on which the calculation is based).

Section 9 – Unpaid fee is a debt due to Commonwealth

This section provides that an unpaid fee is a debt due to the Commonwealth, for the purposes of this Ordinance.

Section 10 – Fee must not amount to taxation

This section provides that for the purposes of this Ordinance, a fee must not amount to taxation.

Schedule 1- Repeals

Utilities and Services Ordinance 1996

Item [1] – The whole of the Ordinance

Item 1 repeals the whole of the Utilities and Services Ordinance 1996.


Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Christmas Island Utilities and Services Ordinance 2016

This Ordinance is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

This Ordinance repeals the Utilities and Services Ordinance 1996 (CI) and substitutes it with a new Utilities and Services Ordinance so that it complies with the Office of Parliamentary Counsel’s current language and drafting practises.

This Ordinance also:

a) ensures the consistent use of the term ‘fees and charges’ across the Ordinance;

b) clarifies the scope of powers of the Administrator in relation to making determinations of fees and charges for the supply of utilities and/or services on Christmas Island;

c) ensures that an unpaid fee for a utility or service is a debt to the Commonwealth; and

d) provides that a fee for a utility or service must not be such as to amount to taxation.

Human Rights Implications

Repeal and substitution:

Utilities and Services Ordinance 1996 (CI).

The repeal of the Utilities and Services Ordinance 1996 (CI) and substituting it with a new Utilities and Services Ordinance does not engage any other human rights, and does not have significant impacts on the residents of Christmas Island or their rights.

Conclusion

As this Instrument promotes the rights of people with disabilities, it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

 

 

Paul Fletcher MP, Minister for Major Projects, Territories and Local Government

Overview

The Christmas Island Utilities and Services Ordinance 2016 was enacted to modernise and align the legal framework governing the supply of utilities and services on Christmas Island with the Office of Parliamentary Counsel’s current language and drafting practices. This legislative instrument was made under the authority of the Governor-General pursuant to the power granted by subsection 9(1) of the Christmas Island Act 1958, which aims to provide for the administration and governance of the Territory of Christmas Island. The primary objective of the Ordinance is to ensure clarity and consistency in the administration of fees and charges for utilities and services, to define the scope of the Administrator's powers in determining such fees, to establish that unpaid fees constitute debts to the Commonwealth, and to prevent fees from amounting to taxation. The process included consultations with relevant Western Australian government agencies and the Christmas Island community, ensuring the legal changes were well considered and community-informed.

Scope and Application

The Christmas Island Utilities and Services Ordinance 2016 applies to the administration and governance of Christmas Island, a territory of Australia. This legislative instrument is made under the authority granted to the Governor-General by subsection 9(1) of the Christmas Island Act 1958. The Ordinance specifically pertains to the supply of utilities and services on the island and replaces the Utilities and Services Ordinance 1996 (CI) to align with current language and drafting practices. The Ordinance applies to persons and entities involved in the supply of utilities and services on Christmas Island, with a focus on the powers of the Administrator to determine and charge fees for these services. The scope of the Ordinance is jurisdictional, applying specifically to the territory of Christmas Island, and does not extend to other states or territories within Australia. The Ordinance outlines that any fee charged for a utility or service cannot amount to taxation and that any unpaid fees constitute a debt owed to the Commonwealth. The application of the Ordinance is further extended or restricted through subordinate instruments as specified in the Schedules, which detail amendments or repeals of existing instruments.

Key Provisions

The Christmas Island Utilities and Services Ordinance 2016, made under the authority of the Christmas Island Act 1958, brings several key provisions to the administration of utilities and services on Christmas Island. Section 6 allows the Administrator to arrange for the supply of utilities and services, while Section 7 permits the Administrator to charge a fee for such supplies. This fee must be determined by the Administrator through a legislative instrument, or, if not so determined, it will be the fee payable under an applied law. The Administrator must specify the date from which the fee applies and may also detail how and when the fee is to be paid (Section 7). It is imperative that the Administrator notifies the fee in the Gazette, providing details such as the fee amount or the method for calculating it (Section 8). Additionally, Section 9 establishes that any unpaid fee constitutes a debt owed to the Commonwealth, and Section 10 ensures that fees do not amount to taxation. The obligations imposed on parties under this Ordinance are primarily directed towards the Administrator. The Administrator must ensure that any fees charged for utilities and services are determined and notified in accordance with the provisions of the Ordinance. This includes the obligation to publish fees in the Gazette and to ensure that such fees do not constitute taxation. The Administrator must also ensure that any unpaid fees are treated as debts due to the Commonwealth. The Ordinance includes provisions for enforcement and compliance. While the Ordinance does not explicitly list offences or penalties for breaches, the implications of non-compliance can be significant. For instance, if the Administrator fails to notify a fee in the Gazette or if a fee is set in a manner that amounts to taxation, this could potentially lead to legal challenges or administrative penalties. Furthermore, the failure to collect unpaid fees could result in debts owed to the Commonwealth, which could lead to further legal actions to recover the debt. Although the Ordinance itself does not specify maximum penalties, breaches of related Commonwealth laws or regulations could incur additional penalties as prescribed by those laws.

Legal classification tags

Instrument
Ordinance
Concepts
Definitions & Interpretation
Fees must be notified in the Gazette
Unpaid fee is a debt due to Commonwealth
Catchwords
Fee must not amount to taxation

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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.