Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1)

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

Legislation au F2006L02822 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 226

 

Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1)

 

 

Section 20 of the Cocos (Keeling) Islands Act 1955 (‘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 15AAB 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 the Cocos (Keeling) Islands 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) (CKI) and State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (WA) (CKI) 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 Cocos (Keeling) Islands (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  • to make minor and technical amendments to correct out of date names of relevant Acts and the description of courts, tribunals and court officers.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 Cocos (Keeling) Islands (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 Cocos (Keeling) Islands (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) (CKI) by the Criminal Injuries Compensation Act 2003 (WA) (CKI).  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 the Cocos (Keeling) Islands.

 

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 CKI Act as a "court or tribunal" to give it jurisdiction in the Cocos (Keeling) Islands.

 

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) (CKI);
  • 4(e) - to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CKI);
  • 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) (CKI); 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) (CKI) (formerly called the Workers’ Compensation and Rehabilitation Act 1981 (WA) (CKI)) 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 CKI Act as a "court or tribunal" to give it jurisdiction in the Cocos (Keeling) Islands.

 

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) (CKI), which is now called "the Motor Vehicle Industry Board" so that this body is specified for the purposes of the CKI Act as a "court or tribunal" to give it jurisdiction in the Cocos (Keeling) Islands.

 

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 CKI Act as "court officers of Western Australia" to give those office holders jurisdiction in the Cocos (Keeling) Islands.

 

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) (CKI);
  • 5(d) - to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CKI);
  • 5(e) – to reflect the repeal of the Commercial Tribunal Act 1984 (WA) (CKI);
  • 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) (CKI).

 

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) (CKI) are specified for the purposes of the CKI Act as "court officers of Western Australia" to give those office holders jurisdiction in the Cocos (Keeling) Islands.

 

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 Cocos (Keeling) Islands Act 1955 was enacted to address the governance and administration of the Cocos (Keeling) Islands, a territory of Australia. This Act, along with subsequent amendments such as the Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1), was introduced to ensure that Western Australian laws could be effectively applied and administered in the Territory. The policy objective of these regulations was to confer jurisdiction in the Territory on the State Administrative Tribunal and to make minor and technical amendments to reflect changes in relevant Acts and descriptions of courts, tribunals, and court officers. These regulations were made under the authority of Section 20 of the Act and were subject to the oversight of the Australian Parliament, aiming to streamline the administration of justice and ensure that the legal framework remains current and effective in the unique context of the Cocos (Keeling) Islands.

Scope and Application

The Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1) apply to the Territory of the Cocos (Keeling) Islands and are designed to amend the existing Cocos (Keeling) Islands (Courts) Regulations 1993. These regulations are made under the authority of the Cocos (Keeling) Islands Act 1955 and aim to update the jurisdictional framework to reflect changes in Western Australian law and the administrative arrangements between the Commonwealth and Western Australia. The regulations confer jurisdiction on the State Administrative Tribunal and make technical amendments to update the names of relevant Acts, courts, tribunals, and court officers. The amendments are necessary to ensure the effective application and administration of Western Australian laws in the Territory, as per the agreement between the Commonwealth and Western Australia. The regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

Key Provisions

The Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1) amend the Cocos (Keeling) Islands (Courts) Regulations 1993 to bring them in line with the application of Western Australian laws in the Territory of the Cocos (Keeling) Islands. Section 15AAB of the Cocos (Keeling) Islands Act 1955 (CKI Act) allows for the courts and court officers of Western Australia to have jurisdiction in the Territory as if it were part of Western Australia. The purpose of these Regulations is to confer jurisdiction in the Territory on the State Administrative Tribunal and to make technical amendments to update names of relevant Acts and descriptions of courts, tribunals, and court officers. These amendments ensure that the relevant Western Australian courts and tribunals have the necessary jurisdiction to apply their laws in the Cocos (Keeling) Islands. The Regulations impose specific obligations on the courts and court officers of Western Australia. For instance, pursuant to the amended Schedule, the State Administrative Tribunal is specified as a "court or tribunal" under the CKI Act, granting it jurisdiction in the Cocos (Keeling) Islands. Additionally, the Chief Assessor of Criminal Injuries Compensation, the Assessor of Criminal Injuries Compensation, and relevant office holders under the Coroners Act 1996 (WA) (CKI) are specified as "court officers of Western Australia" to give them jurisdiction in the Territory. These provisions ensure that the appropriate Western Australian courts and tribunals are able to exercise their jurisdiction in the Cocos (Keeling) Islands as required by the CKI Act. There are no specific offences, penalties, or consequences outlined in the Regulations for non-compliance. However, breaches of the CKI Act or any other applicable legislation by the courts or tribunals specified in the Regulations could result in legal consequences under the relevant laws. For example, failure to comply with the CKI Act or Western Australian laws could result in fines, imprisonment, or other civil or criminal penalties as prescribed by those laws. The maximum penalties would depend on the specific breach and the applicable legislation.

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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.