THE TERRITORY OF COCOS (KEELING) ISLANDS
No. 2 of 1977
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AN ORDINANCE
To amend the Interpretation Ordinance 1955.
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 Cocos (Keeling) Islands Act 1955.
Dated this twenty-eight day of June, 1977.
John R. Kerr
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 1955.[†]
Interpretation.
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”.
Gazette to be evidence of certain matters.
4. Section 10 of the Principal Ordinance is amended—
(a) by omitting the words “, the Australian Government Gazette or the Government Gazette of the Territory” and substituting the words “or the Australian Government Gazette”;
(b) by inserting, after the word “Printer”, the words”, or a printed copy of the Government Gazette of the Territory purporting to be published by authority”; and
(c) by inserting in paragraph (a), after the word “printed”, the words “, or so published”.
References to certain expressions in law of Singapore.
5. Section 18 of the Principal Ordinance is amended by emitting 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” (wherever occurring) 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, 1955 as amended by No. 1. 1958; No. 1, 1962; No. 3, 1964; Nos. 1 and 6, 1966; No. 1. 1973; No. 2, 1975; and No. 3. 1976.
Overview
The Interpretation (Amendment) Ordinance 1977, enacted by the Governor-General under the authority of the Cocos (Keeling) Islands Act 1955, was introduced to amend the Interpretation Ordinance 1955. The primary objective of this amendment was to update the definitions and references within the Principal Ordinance to better reflect the gazettes used in the Territory of Cocos (Keeling) Islands during the period from 1 July 1973 to 30 June 1977, ensuring that the legal framework remains accurate and relevant. This legislative instrument ensures that the interpretations and references within the existing laws are clarified and consistent with the gazettes published during this specific timeframe, thereby maintaining the integrity and applicability of the legal documentation within the Territory.
Scope and Application
The Interpretation (Amendment) Ordinance 1977 applies to the Territory of Cocos (Keeling) Islands, with its primary function being to amend the Interpretation Ordinance 1955. This amendment seeks to update definitions and references within the Principal Ordinance to reflect changes in gazettes and publications used within the territory. The Ordinance defines "Gazette" to include the Commonwealth of Australia Gazette, the Australian Government Gazette, and the Government Gazette of the Territory, both before and after specific dates mentioned. Additionally, it modifies references to certain expressions in the law of Singapore, ensuring consistency in legal interpretations. The Ordinance does not specify exclusions or thresholds, and its application is restricted to the jurisdictional reach of the Cocos (Keeling) Islands. The amendments extend the application of certain provisions by clarifying and updating definitions and references within the legal framework of the territory.
Key Provisions
The Interpretation (Amendment) Ordinance 1977 amends the Interpretation Ordinance 1955 to update the definitions and references to certain gazettes and legal instruments. Section 3 of the Ordinance amends the definition of "Gazette" in the Principal Ordinance to include the Commonwealth of Australia Gazette, the Australian Government Gazette, and the Government Gazette of the Territory within specific time periods. Section 4 further modifies Section 10 of the Principal Ordinance to ensure that printed copies of the Government Gazette of the Territory are recognised as evidence of certain matters, alongside printed copies of the Commonwealth of Australia Gazette and the Australian Government Gazette. Section 5 amends Section 18 of the Principal Ordinance to update references to certain expressions in the law of Singapore, ensuring consistency in the references to gazettes and legal instruments.
The obligations imposed by the Interpretation (Amendment) Ordinance 1977 primarily concern the acceptance and recognition of certain gazettes and legal instruments as valid evidence in legal proceedings. Under Section 4, printed copies of the Government Gazette of the Territory must be accepted as evidence of certain matters, similar to printed copies of the Commonwealth of Australia Gazette and the Australian Government Gazette. This ensures that all relevant legal instruments and gazettes are acknowledged and used appropriately in legal contexts.
The Ordinance does not explicitly state any offences, penalties, or civil/criminal consequences for breach of its provisions. However, any failure to recognise the updated definitions and references in legal proceedings could potentially lead to challenges and disputes regarding the validity of evidence presented. Given that the Ordinance is an amendment to an existing piece of legislation, it is reasonable to infer that non-compliance with its provisions could result in legal consequences, although these are not explicitly detailed within the text of the Ordinance itself.