Interpretation (Amendment) Ordinance 1979 (CKI)

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THE TERRITORY OF COCOS (KEELING ISLANDS

No. 6 of 1979

__________

AN ORDINANCE

To amend the Interpretation Ordinance 1955

I, THE GOVEROR-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 Twentieth

day of December 1979.

ZELMAN GOWEN

Governor-General

By His Excellency’s Command,

R. ELLICOTT

Minister of State for Home Affairs

__________

INTERPRETATION (AMENDMENT) ORDINANCE 1979

Short title

1. This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1979.[*]

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Interpretation Ordinance 1955.[†]

Application of Ordinance

3. Section 4 of the Principal Ordinance is amended by omitting from sub-section (1) “continued in force in the Territory by the Act”.

Interpretation of terms

4. Section 5 of the Principal Ordinance is amended—

(a) by omitting from sub-section (1) the definition of “law of the Territory”;

(b) by omitting from paragraph (a) of the definition of “Ordinance” in that sub-section “continued in force in the Territory by the Act”; and

(c) by omitting from that sub-section the definition of “Ordinance of the Colony of Singapore” and substituting the following definition:


“‘Ordinance of the Colony of Singapore’ means—

(a) an Ordinance of the Colony of Singapore in force in the Territory by virtue of section 8 of the Act;

(b) the provisions of an Ordinance of the Colony of Singapore applying by virtue of an Ordinance made under the Act as laws of the Territory;

(c) an Imperial Act or Order in Council continued in force in the Territory by virtue of section 8 of the Act; and

(d) an Ordinance of the Colony of the Straits Settlements in force in the Colony of Singapore immediately before the commencement of the Act or the date of its application as a law of the Territory, as the case may be,

and includes—

(e) an Ordinance, Imperial Act or Order in Council so continued in force, or the provisions of an Ordinance so applying as laws of the Territory, as amended or affected by an Ordinance made under the Act; and

(f) subsidiary legislation under an Ordinance or Imperial Act so continued in force or the provisions of an Ordinance so applying as laws of the Territory;”.

Judicial notice to be taken of Ordinances, &c.

5. Section 9 of the Principal Ordinance is amended by omitting from paragraphs (b) and (d) “continued in force in the Territory by the Act”.

References to certain expressions in laws of Singapore

6. Section 18 of the Principal Ordinance is amended by omitting from sub-sections (1) and (2) “a law continued in force in the Territory by the Act” and substituting “an Ordinance of the Colony of Singapore”.

References in laws of Singapore

7. Section 19 of the Principal Ordinance is amended by omitting from sub-sections (1), (2) and (3) “a law continued in force in the Territory by the Act” and substituting “an Ordinance of the Colony of Singapore”.

Power to make regulations, &c.

8. Section 19a of the Principal Ordinance is amended by omitting “continued in force in the Territory by the Act”.

Notification and commencement of regulations, &c.

9. Section 19b of the Principal Ordinance is amended by omitting from sub-sections (1), (2) and (3) “continued in force in the Territory by the Act”.


References to Singapore currency

10. Section 20 of the Principal Ordinance is amended by omitting from sub-section (1) “a law continued in force in the Territory by the Act” and substituting “an Ordinance of the Colony of Singapore”.

References to persons, places, matters and things in existing laws

11. Section 21 of the Principal Ordinance is amended by omitting “a law continued in force in the Territory by the Act “and substituting “an Ordinance of the Colony of Singapore”.

Citation of Ordinances of Colony of Singapore

12. Section 23 of the Principal Ordinance is amended by omitting “issued before the commencement of the Act” and substituting “issued before the application of the Ordinance as a law of the Territory”.

Repeal of section 24

13. Section 24 of the Principal Ordinance is repealed.

[*] Notified in the Commonwealth of Australia Gazette on 27 December 1979.

[†] 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; No. 3, 1976; and No. 2, 1977.

Overview

The Interpretation (Amendment) Ordinance 1979 was enacted to amend the Interpretation Ordinance 1955 in the Territory of Cocos (Keeling Islands). The objective of this legislative instrument, made under the authority of the Cocos (Keeling) Islands Act 1955 by the Governor-General, is to update and clarify the interpretation of certain terms and references within the existing legal framework, particularly those related to the Colony of Singapore. This amendment was necessary to ensure that the laws and ordinances of the Territory accurately reflect the legislative changes and developments, thereby maintaining legal coherence and consistency. The Governor-General, acting on the advice of the Federal Executive Council, made this ordinance to address any legislative gaps or ambiguities arising from the historical legal ties between the Cocos (Keeling) Islands and Singapore.

Scope and Application

The Interpretation (Amendment) Ordinance 1979 applies to the Territory of Cocos (Keeling Islands) and amends the Interpretation Ordinance 1955. It modifies various definitions and references within the principal ordinance to reflect the legislative changes in the Territory concerning laws from the Colony of Singapore. Specifically, the Ordinance removes references to laws continued in force by the Act and replaces them with references to "Ordinance of the Colony of Singapore". This applies to definitions, judicial notices, references in laws of Singapore, power to make regulations, notification and commencement of regulations, references to Singapore currency, references to persons, places, matters and things in existing laws, citation of Ordinances of the Colony of Singapore, and repeals section 24 of the Principal Ordinance. The changes made by this Ordinance are aimed at ensuring that the legal framework in the Territory accurately reflects the current legislative status of laws originating from the Colony of Singapore.

Key Provisions

The Interpretation (Amendment) Ordinance 1979 amends several sections of the Interpretation Ordinance 1955. Section 4 of the Principal Ordinance sees modifications to the definitions of "law of the Territory," "Ordinance," and "Ordinance of the Colony of Singapore," with specific references to laws continued in force by the Act being omitted. Section 5 removes references to laws continued in force by the Act from the requirement for judicial notice of Ordinances. Similarly, sections 6, 7, 8, 9, 10, and 11 update references from "a law continued in force in the Territory by the Act" to "an Ordinance of the Colony of Singapore." Section 12 adjusts the citation of Ordinances of the Colony of Singapore to reflect the application of the Ordinance as a law of the Territory instead of the commencement of the Act. Finally, section 13 repeals section 24 of the Principal Ordinance. This Ordinance imposes obligations on the parties and entities it governs by redefining and clarifying the scope of applicable laws within the Territory of Cocos (Keeling) Islands. The amendments ensure that legal references align with the current legislative framework, particularly in relation to the Colony of Singapore. This redefinition is crucial for legal practitioners who must interpret and apply these laws accurately. Breaches of the provisions within this Ordinance could lead to various civil or criminal consequences, although the specific offences, penalties, or consequences are not explicitly stated in the text provided. However, given that this is an amendment to an interpretation ordinance, it is likely that any non-compliance with the clarified legal references could result in legal disputes or misinterpretations of existing laws, potentially leading to litigation or other legal actions. The precise penalties would depend on the context in which the breach occurs and the specific laws affected by the misinterpretation.

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