Cocos (Keeling) Islands Amendment Act 1979
No. 6 of 1979
An Act to amend the Cocos (Keeling) Islands Act 1955.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Cocos (Keeling) Islands Amendment Act 1979.
(2) The Cocos (Keeling) Islands Act 1955 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
3. Section 15 of the Principal Act is repealed and the following sections are substituted:
Grant of Australian citizenship to certain persons
“14a. A person (not being an Australian citizen) who—
(a) was, immediately before the proclaimed date, ordinarily resident in the Islands; and
(b) is ordinarily resident in Australia or an external Territory,
may make, in the prescribed manner, a declaration that he wishes to become an Australian citizen and upon registration, as prescribed, of the declaration, the person shall become an Australian citizen.
Meaning of ‘ordinarily resident’
“15. For the purposes of sections 14 and 14a, a person shall be deemed to be, or to have been, at a particular time, ordinarily resident in a place if, at that time—
(a) he has, or had, his home at that place; or
(b) that place is, or was, the place of his permanent abode notwithstanding his temporary absence at that time from that place,
but a person shall not be deemed to be, or to have been, resident at that time in that place if, at that time, he is, or was, resident in that place for a special or temporary purpose only.”.
Formal amendments
4. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 4
FORMAL AMENDMENTS
Provision | Amendment |
Preamble............... | (a) Omit “four of this Act”, substitute “4”. |
| (b) Omit “the first day of February, One thousand nine hundred and fifty-five”, substitute “1 February 1955”. |
Section 4............... | (a) Omit “twelve degrees five minutes” from the definition of “the Islands”, substitute “12°5′”. |
| (b) Omit “ninety-six degrees fifty-three minutes” from the definition of “the Islands”, substitute “96°53′”. |
| (c) Omit “two of this Act” from the definition of “the proclaimed date”, substitute “2”. |
Sub-section 6(1).......... | Omit “of this section”. |
Sub-section 6(2).......... | Omit “the next succeeding sub-section”, substitute “sub-section (3)”. |
Section 7............... | Omit “the seventh day of July, One thousand eight hundred and eighty-six”, substitute “7 July 1886”. |
Sub-section 8(3).......... | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Sub-section 8(4).......... | Omit “the last preceding sub-section”, substitute “sub-section (3)”. |
Section 9............... | Omit “the last preceding section”, substitute “section 8”. |
Section 10.............. | Omit “Subject to the next succeeding section, an”, substitute “An”. |
Sub-section 13(1).......... | Omit “fifteen”, substitute “15”. |
Sub-section 13(2).......... | Omit “fifteen”, substitute “15”. |
Sub-section 13(3).......... | Omit “fifteen” (wherever occurring), substitute “15”. |
Sub-section 13(3a)......... | (a) Omit “fifteen”, substitute “15”. |
| (b) Omit “the last two preceding sub-sections”, substitute “sub-sections (2) and (3)”. |
Sub-section 13(5).......... | Omit “six”, substitute “6”. |
Sub-section 14(2).......... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Sub-section 14(3).......... | Omit “of this section”. |
Sub-section 14(4).......... | (a) Omit “of this section”. |
| (b) Omit “three”, substitute “3”. |
| (c) Omit “six”, substitute “6”. |
| (d) Omit “two”, substitute “2”. |
| (e) Omit “twenty-one”, substitute “21”. |
Section 20.............. | (a) Omit “One hundred dollars”, substitute “$100”. |
| (b) Omit “three”, substitute “3”. |
Overview
The Cocos (Keeling) Islands Amendment Act 1979 is an Act passed by the Queen, the Senate and House of Representatives of the Commonwealth of Australia, designed to amend the Cocos (Keeling) Islands Act 1955. This amendment addresses the need to update and refine the legislative framework governing the administration and governance of the Cocos (Keeling) Islands. The Act provides for various formal amendments and the introduction of new provisions, ensuring that the laws remain current and effective. By repealing and substituting sections within the Principal Act, this legislation aims to streamline and clarify the processes related to citizenship and residency, among other administrative changes.
The policy objective of the Cocos (Keeling) Islands Amendment Act 1979 is to enhance the legal framework for the governance of the Cocos (Keeling) Islands, ensuring it aligns with contemporary administrative practices and standards. This is achieved through the formal amendments detailed in the Act, which include changes to definitions, numerical values, and references within the original legislation. The Act seeks to provide a more precise and efficient set of rules for the administration of the Islands, facilitating smoother governance and clearer legal processes for those residing in or visiting the area.
Scope and Application
The Cocos (Keeling) Islands Amendment Act 1979 amends the Cocos (Keeling) Islands Act 1955, extending the scope of Australian citizenship to certain residents of the Cocos (Keeling) Islands. Specifically, the Act allows individuals who were ordinarily resident in the Islands before a specified date and who are now ordinarily resident in Australia or an external territory to declare their wish to become Australian citizens. This application is subject to prescribed forms and procedures, and upon successful registration, the individual becomes an Australian citizen. The Act defines 'ordinarily resident' to mean having a home or permanent abode in a place, excluding temporary or special purpose residence. The Act applies to individuals meeting the residency criteria, and it does not specify exclusions or exemptions beyond the definition of residency. The formal amendments in the Act correct typographical and numerical errors in the Principal Act, ensuring the precision of legal definitions and references.
Key Provisions
The main operative sections of the Cocos (Keeling) Islands Amendment Act 1979 (sections 3 and 4) involve the introduction of new citizenship provisions and formal amendments to the Principal Act. Section 3 inserts a new section 14a into the Principal Act, allowing non-Australian citizens who were ordinarily resident in the Islands prior to a specified date and are currently ordinarily resident in Australia or an external territory to apply for Australian citizenship (s14a(a)-(b)). Section 4 outlines formal amendments to the Principal Act, including changes to the definition of "the Islands" and various numerical adjustments.
The Act imposes several obligations and requirements on the parties it governs. For instance, non-Australian citizens who were ordinarily resident in the Islands prior to the specified date and are currently ordinarily resident in Australia or an external territory must follow the prescribed manner and procedures to declare their intention to become Australian citizens (s14a(a)-(b)). The Act also introduces a specific definition of "ordinarily resident" for the purposes of determining eligibility (s15). The formal amendments in the schedule ensure that references and definitions within the Principal Act are updated and consistent.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. However, the requirement to follow the prescribed manner and procedures to declare the intention to become an Australian citizen implies that failure to comply with these requirements could lead to issues with the citizenship application process. The maximum penalties for breaches related to citizenship applications are not detailed within the text of this Act but would typically be found in related legislation governing citizenship and immigration matters.