THE TERRITORY OF CHRISTMAS ISLAND
No. 7 of 1977
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AN ORDINANCE
To amend the Interpretation Ordinance 1958.
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Christmas Island Act 1958.
Dated this twenty-eight day of June, 1977.
Governor-General.
By His Excellency’s Command,
R. G. Withers
Minister of State for Administrative Services.
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INTERPRETATION (AMENDMENT) ORDINANCE 1977
Short title.
1. This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1977.[*]
Principal Ordinance.
2. In this Ordinance, “Principal Ordinance” means the Interpretation Ordinance 1958.[†]
Interpretation of terms.
3. Section 5 of the Principal Ordinance is amended—
(a) by inserting in sub-section (1), after the definition of “District Judge”, the following definition:—
“‘Gazette’ means—
(a) the Commonwealth of Australia Gazette published before or after the period that commenced on 1 July 1973 and ended on 30 June 1977;
(b) the Australian Government Gazette published during that period: or
(c) the Government Gazette of the Territory;”; and
(b) by omitting from sub-section (1) the definition of “the Gazette”.
References to expressions in certain laws.
4. Section 18 of the Principal Ordinance is amended by omitting from the second column of the table in sub-section (1) the words “The Commonwealth of Australia Gazette published before 1st July, 1973, the Australian Government Gazette published on or after that date or the Government Gazette of the Territory” and substituting the words. “The Commonwealth of Australia Gazette published before or after the period that commenced on 1 July 1973 and ended on 30 June 1977, the Australian Government Gazette published during that period or the Government Gazette of the Territory”.
[*] Notified in the Australian Government Gazette on 30 June 1977.
[†] Ordinance No. 1, 1958 as amended by No. 1, 1960; No. 1, 1962; No. 4, 1964; No. 1, 1966; No. 2, 1967; No. 2, 1968; No. 4, 1972; No. 2, 1973; and No. 3, 1976.
Overview
The Interpretation (Amendment) Ordinance 1977, enacted by the Governor-General under the authority of the Christmas Island Act 1958, was introduced to amend the Interpretation Ordinance 1958. The objective of this legislative instrument was to update and clarify the definitions and references to gazettes in the Principal Ordinance, ensuring consistency and accuracy in legal terminology. This amendment was necessary to reflect the transitional period in the publication of gazettes, specifically addressing the changes that occurred between 1 July 1973 and 30 June 1977. By amending the definitions of "Gazette" and updating the references to expressions in certain laws, the Ordinance aimed to provide a coherent legal framework that aligns with the chronological shifts in gazette publication during this interim period.
Scope and Application
The Interpretation (Amendment) Ordinance 1977 applies specifically to the Territory of Christmas Island and amends the Interpretation Ordinance 1958. The Ordinance is enacted under the authority of the Christmas Island Act 1958 and provides for changes in the interpretation of certain terms within the Principal Ordinance. It applies to any persons or entities operating within the Territory of Christmas Island, including those who may be referenced in the various gazettes as specified in the amended definitions. The Ordinance adjusts the definitions to reflect changes in the gazettes that are relevant to the Territory, ensuring that references to gazettes are updated to include the Commonwealth of Australia Gazette and the Australian Government Gazette within the specified period, as well as the Government Gazette of the Territory. This ensures that legal references remain accurate and relevant, thereby maintaining the integrity of legal documentation and administrative processes within the Territory.
Key Provisions
The Interpretation (Amendment) Ordinance 1977 (section 1) is the main operative section of this legislation, providing the short title for the document. Section 2 defines the "Principal Ordinance" as the Interpretation Ordinance 1958. The primary amendment made by this ordinance is to section 5 of the Principal Ordinance, which involves the interpretation of terms. Specifically, it amends the definition of "Gazette" (section 3(a)) by inserting a new definition that includes the Commonwealth of Australia Gazette, Australian Government Gazette, and Government Gazette of the Territory for a specified period. Additionally, it removes the previous definition of "the Gazette" (section 3(b)).
The obligations and requirements imposed by the Interpretation (Amendment) Ordinance 1977 involve updating the definition of "Gazette" to reflect changes in gazette publications over a specified period. This amendment ensures that references to "Gazette" in legal documents and other laws are interpreted correctly and consistently. By omitting the old definition and inserting a new one, the ordinance clarifies which gazettes are considered official publications for legal purposes within the Territory of Christmas Island during the defined timeframe.
Failure to comply with the provisions of the Interpretation (Amendment) Ordinance 1977 could result in legal ambiguity or misinterpretation of legal documents and statutes. While the ordinance itself does not specify offences, penalties, or civil/criminal consequences for breach, the incorrect interpretation of terms due to non-compliance could lead to legal disputes or challenges. It is essential for legal practitioners and entities governed by this ordinance to adhere to the updated definitions to avoid potential legal ramifications.