Cocos (Keeling) Islands Applied Laws Amendment (Residential Tenancies) Ordinance 2017

Overview

The Cocos (Keeling) Islands Act 1955, enacted to govern the administration of the Cocos (Keeling) Islands, was supplemented by the Cocos (Keeling) Islands Applied Laws Amendment (Residential Tenancies) Ordinance 2017. This ordinance addresses the need to ensure that the Shire of the Cocos (Keeling) Islands can continue to charge rates and municipal fees for leased properties, thereby supporting the delivery of local services. The ordinance was developed under the authority granted to the Governor-General by Subsection 12(1) of the Act, which allows for the creation of ordinances for the peace, order, and good governance of the Territory. The policy objective behind this amendment is to maintain the financial viability of local governance by allowing the Shire to collect rates on certain properties, while also ensuring that the applicable residential tenancy laws are properly tailored to the unique circumstances of the Territory. This amendment aligns with the policy direction that Applied Law Regulations should not be made directly under an Applied Western Australian law but can be amended by the Governor-General under the Cocos (Keeling) Islands Act 1955.

Scope and Application

The Cocos (Keeling) Islands Act 1955 provides the legislative framework for the governance of the Cocos (Keeling) Islands, and under its provisions, the Governor-General has the authority to enact Ordinances for the territory's peace, order, and good governance. The Cocos (Keeling) Islands Applied Laws Amendment (Residential Tenancies) Ordinance 2017 amends the existing Residential Tenancies Act 1987 (WA) as applied to the Cocos (Keeling) Islands to ensure the Shire of the Cocos (Keeling) Islands can continue to charge rates and municipal fees for leased Cocos (Keeling) Islands Trust properties. This amendment specifically excludes residential tenancies entered into by the Shire Council concerning premises held in trust by the Council for a term of five years or more from the application of the Residential Tenancies Act 1987 (WA). This exclusion allows the Shire to manage its property holdings and associated fees without the constraints of the residential tenancy legislation. The Ordinance is compatible with human rights, as it does not engage any rights or freedoms declared in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Cocos (Keeling) Islands Applied Laws Amendment (Residential Tenancies) Ordinance 2017 introduces amendments to existing laws in the Territory of the Cocos (Keeling) Islands, primarily concerning residential tenancies. Section 4 of the Ordinance specifies that the amendments and repeals outlined in the Schedules of the Ordinance are to take effect, altering the application of the Residential Tenancies Act 1987 (WA) (CKI) in certain circumstances (Sections 3 and 4). In particular, Section 1 of Schedule 1 inserts a new Part 32A into the Applied Laws (General) Ordinance 1992, which exempts residential tenancies entered into by the Shire of the Cocos (Keeling) Islands for premises held in trust under a Deed of Trust for a term of five years or more from the application of the Residential Tenancies Act 1987 (WA) (CKI). Furthermore, Section 2 of Schedule 1 repeals Regulation 5D of the Residential Tenancies Regulations 1989 (WA) (CKI), clarifying the exemption of the aforementioned tenancies from the Residential Tenancies Act 1987 (WA) (CKI). The Ordinance imposes specific obligations on the Shire of the Cocos (Keeling) Islands, including the authority to charge rates and municipal fees for leased properties. This is intended to ensure the Shire can continue to deliver services within the Territory. Additionally, the Ordinance requires consultation with the Shire during its development, ensuring that the changes reflect local needs and governance structures. The Shire must also comply with the new regulations regarding residential tenancies, which now exclude certain long-term agreements from the purview of the Residential Tenancies Act 1987 (WA) (CKI). The changes aim to provide clarity and streamline the governance of residential tenancies within the Territory. While the Ordinance does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance, it is important to note that any breach of the regulations set forth could lead to legal action under applicable laws. The Residential Tenancies Act 1987 (WA) (CKI) may still apply to tenancies not exempted by the Ordinance, and penalties for breaches of this Act could include fines and other sanctions. The precise penalties would depend on the nature and severity of the breach, as well as any additional legislation that may be relevant. Given that the Ordinance is designed to ensure the smooth operation of local governance and service delivery, adherence to its provisions is crucial to avoid any potential legal repercussions.