Cocos (Keeling) Islands (Courts) Regulations 1993

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

Legislation au F1996B00298 Not in force Legislative Instrument

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Cocos (Keeling) Islands (Courts) Regulations 1993

Statutory Rules 1993 No. 167 as amended

made under the

Cocos (Keeling) Islands Act 1955

This compilation was prepared on 12 March 2010
taking into account amendments up to SLI 2010 No. 35

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Interpretation 

 4 Courts and tribunals of Western Australia 

 5 Offices of courts or tribunals of Western Australia 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Cocos (Keeling) Islands (Courts) Regulations 1993.

2 Commencement

  These Regulations commence on 29 June 1993.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Cocos (Keeling) Islands Act 1955.

4 Courts and tribunals of Western Australia

  For the purposes of paragraph (i) of the definition of court of Western Australia in subsection 4 (1) of the Act, the following courts or tribunals are specified:

 (a) the Appeal Costs Board established by the Suitor’s Fund Act 1964 of Western Australia;

 (b) the Chief Assessor of Criminal Injuries Compensation, or an Assessor of Criminal Injuries Compensation, appointed under Schedule 1 to the Criminal Injuries Compensation Act 2003 of Western Australia;

 (c) the State Administrative Tribunal established by the State Administrative Tribunal Act 2004 of Western Australia;

 (f) a Court of Disputed Returns constituted under the Local Government Act 1995 of Western Australia;

 (g) the Director of Liquor Licensing appointed under the Liquor Licensing Act 1988 of Western Australia;

 (h) the Liquor Licensing Court constituted under the Liquor Licensing Act 1988 of Western Australia;

 (l) a warden’s court established under the Mining Act 1978 of Western Australia;

 (m) a dispute resolution body established, or appointed, under the Workers’ Compensation and Injury Management Act 1981 of Western Australia;

 (p) the Building Disputes Tribunal set up under section 26 of the Builders Registration Act 1939 of Western Australia;

 (q) the Finance Brokers Supervisory Board set up under section 6 of the Finance Brokers Control Act 1975 of Western Australia;

 (r) the Land Valuers Licensing Board set up under section 5 of the Land Valuers Licensing Act 1978 of Western Australia;

 (s) the Motor Vehicle Industry Board established under the Motor Vehicle Dealers Act 1973 of Western Australia;

 (t) the Real Estate and Business Agents Supervisory Board set up under section 6 of the Real Estate and Business Agents Act 1978 of Western Australia;

 (u) the Settlement Agents Supervisory Board set up under section 5 of the Settlement Agents Act 1981 of Western Australia;

 (v) the Magistrates Court established by the Magistrates Court Act 2004 (WA).

5 Offices of courts or tribunals of Western Australia

  For the purposes of paragraph (d) of the definition of court officer of Western Australia in subsection 4 (1) of the Act, the following offices are specified:

 (a) the offices of Chairman, Member and Secretary of the Appeal Costs Board;

 (b) the offices of President, Deputy President, non-judicial member (ordinary member and senior member) and executive officer of the State Administrative Tribunal established by the State Administrative Tribunal Act 2004 of Western Australia;

 (i) the office of member of the Children’s Court of Western Australia established under the Children’s Court of Western Australia Act 1988 of Western Australia;

 (j) a Justice of the Peace appointed under the Justices Act 1902 of Western Australia;

 (k) a warden of mines appointed under the Mining Act 1978 of Western Australia;

 (l) the offices of State Coroner, Deputy State Coroner, coroner and coroner’s investigator established under the Coroners Act 1996 of Western Australia;

 (o) the chairperson, deputy chairperson and member of panel of the Building Disputes Tribunal;

 (p) the Chairman and member of the Finance Brokers Supervisory Board;

 (q) the Chairman and member of the Land Valuers Licensing Board;

 (r) the offices of Chairman and member of the Motor Vehicle Industry Board established under the Motor Vehicle Dealers Act 1973 of Western Australia;

 (s) the Chairman and member of the Real Estate and Business Agents Supervisory Board;

 (t) the Chairman and member of the Settlement Agents Supervisory Board.

Notes to the Cocos (Keeling) Islands (Courts) Regulations 1993

Note 1

The Cocos (Keeling) Islands (Courts) Regulations 1993 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Statutory Rules 1993 No. 167 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1993 No. 167

29 June 1993

29 June 1993

 

1993 No. 237

9 Sept 1993

9 Sept 1993

1996 No. 300

18 Dec 1996

18 Dec 1996

1997 No. 168

30 June 1997

30 June 1997

1997 No. 306

5 Nov 1997

5 Nov 1997

1998 No. 21

25 Feb 1998

25 Feb 1998

2004 No. 48

30 Mar 2004

30 Mar 2004

2006 No. 226

25 Aug 2006 (see F2006L02822)

26 Aug 2006

2010 No. 35

11 Mar 2010 (see F2010L00611)

12 Mar 2010

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2004 No. 48

R. 4.................

am. 1993 No. 237; 1996 No. 300; 1997 Nos. 168 and 306; 1998 No. 21; 2004 No. 48; 2006 No. 226; 2010 No. 35

R. 5.................

am. 1993 No. 237; 1996 No. 300; 1997 No. 306; 1998 No. 21; 2004 No. 48; 2006 No. 226

 

 

Overview

The Cocos (Keeling) Islands (Courts) Regulations 1993 were enacted to provide a framework for the administration of justice in the Cocos (Keeling) Islands under the Cocos (Keeling) Islands Act 1955. The Regulations were made under the authority of the Australian Parliament and came into effect on 29 June 1993. They address the problem of ensuring that the courts and tribunals of Western Australia can effectively administer justice in the Cocos (Keeling) Islands, which are part of Australian territory. The primary policy objective is to ensure that the legal system in the Cocos (Keeling) Islands is aligned with that of Western Australia, thereby providing a consistent and efficient legal framework for the islands. These Regulations specify which courts and tribunals of Western Australia are recognised in the Cocos (Keeling) Islands and outline the offices of various court officers within those institutions. This legislative instrument aims to streamline the judicial processes and ensure that the legal rights and responsibilities of the inhabitants of the Cocos (Keeling) Islands are adequately protected.

Scope and Application

The Cocos (Keeling) Islands (Courts) Regulations 1993, made under the Cocos (Keeling) Islands Act 1955, apply specifically to the Cocos (Keeling) Islands, providing a legal framework for the courts and tribunals of Western Australia to operate in this territory. These Regulations identify specific courts and tribunals of Western Australia, including the Appeal Costs Board, the State Administrative Tribunal, the Liquor Licensing Court, and various dispute resolution bodies, as being applicable to the Cocos (Keeling) Islands. They also detail the offices of court officers associated with these courts and tribunals, ensuring that the necessary personnel from Western Australia can be recognised and operate within the Cocos (Keeling) Islands. The Regulations, which commenced on 29 June 1993, have been amended over the years to reflect changes in Western Australian law and administrative practices, with the most recent amendment coming into effect on 12 March 2010.

Key Provisions

The Cocos (Keeling) Islands (Courts) Regulations 1993 (section 2) specify which courts and tribunals of Western Australia are considered courts of Western Australia for the purposes of the Cocos (Keeling) Islands Act 1955 (section 4). These include various tribunals and courts, such as the Appeal Costs Board, the State Administrative Tribunal, and the Liquor Licensing Court (section 4(a)-(h)). Additionally, the Regulations identify specific offices of these courts and tribunals, such as the offices of the Chairman, Member, and Secretary of the Appeal Costs Board, and the offices of the President, Deputy President, non-judicial member, and executive officer of the State Administrative Tribunal (section 5(a)-(b)). These Regulations came into effect on 29 June 1993 (section 2). Under the Cocos (Keeling) Islands (Courts) Regulations 1993, parties or entities governed by this Act must adhere to the definitions and specifications provided. For instance, any legal proceedings or recognition of court decisions must consider the specified Western Australian courts and tribunals as courts of Western Australia (section 4). Additionally, when dealing with officers of these courts or tribunals, the specified offices must be recognised as offices of court officers (section 5). The Regulations provide a clear framework for the recognition and operation of Western Australian courts and tribunals in the context of the Cocos (Keeling) Islands. The Cocos (Keeling) Islands (Courts) Regulations 1993 do not explicitly outline specific offences, penalties, or consequences for breaches. However, any non-compliance with the specified courts and tribunals or offices could potentially lead to legal challenges regarding the validity of court decisions or the authority of court officers. Such challenges may require resolution under applicable Australian law, which could include judicial review or other legal remedies. The absence of explicit penalties in the Regulations suggests that breaches might be addressed through the broader legal system, where applicable penalties and consequences would be determined by the specific nature of the breach and the relevant legal provisions.

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