THE TERRITORY OF COCOS (KEELING) ISLANDS
No. 4 of 1980
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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 twelfth day of October 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Home Affairs
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INTERPRETATION (AMENDMENT) ORDINANCE 1980
Short title
1. This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1980.[*]
Principal Ordinance
2. In this Ordinance “Principal Ordinance” means the Interpretation Ordinance 1955.[†]
Interpretation
3. Section 5 of the Principal Ordinance is amended by inserting in sub-section (1) after the definition of “Magistrate’s Court” the following definition:
“‘medical practitioner’ means a person who is registered or licensed as a medical practitioner under a law of a State or a Territory of the Commonwealth, or under a law of the United Kingdom, that provides for the registration or licensing of medical practitioners;”.
Heading of Part III
4. Part III of the Principal Ordinance is amended by omitting the heading and substituting the following heading:
“PART III—PROVISIONS RELATING TO ORDINANCES OF THE COLONY OF SINGAPORE IN THEIR APPLICATION AS LAWS OF THE TERRITORY”.
References to certain expressions in laws of Singapore
5. Section 18 of the Principal Ordinance is amended—
(a) by omitting from the table in sub-section (1)—
“‘advocate’ or ‘advocate and solicitor’ | A barrister or solicitor as defined in section five of this Ordinance |
| |
‘the Colony’, ‘the Colony of Singapore’ or ‘the Settlement of Singapore’ | The Territory” |
and substituting—
“‘advocate’ or ‘advocate and solicitor’ | A barrister or solicitor as defined in section 5 of this Ordinance |
| |
‘medical practitioner’ .. .. | A medical practitioner as defined in section 5 of this Ordinance |
| |
‘the Colony’, ‘Cocos or Keeling Islands’, ‘the Colony of Singapore’ or ‘the Settlement of Singapore’ | The Territory |
‘the Governor’.. .. .. | The Minister”; |
and
(b) by omitting from the table in sub-section (1)—
“‘the Legislative Council’ or ‘the Legislative Assembly’ | The Governor-General” |
and substituting—
“‘the Governor in Council’, ‘the Legislative Council’ or ‘the Legislative Assembly’ | The Governor-General”. |
6. The Principal Ordinance is amended by inserting after section 19b the following section:
Other powers and functions under laws of Singapore
“19c. Where an Ordinance of the Colony of Singapore confers a power or function on a person or authority (not being a person or authority specified in the First Column of the table in sub-section 18 (1)) that power or function may be exercised or performed by such person or authority as the Minister directs.”.
References to Singapore currency
7. Section 20 of the Principal Ordinance is amended by omitting sub-section (2) and substituting the following sub-sections:
“(2) Where it is necessary for the purposes of sub-section (1) or for the purposes of any Ordinance or law made under an Ordinance to convert an amount expressed in currency of the Colony of the Straits Settlements or of the Colony of Singapore to the equivalent amount in Australian currency, the conversion shall be made on the basis that—
(a) 40 cents in Australian currency is the equivalent of one dollar in the currency of the Colony of the Straits Settlements or of the Colony of Singapore; and
(b) 0.4 cents in Australian currency is the equivalent of one cent in the currency of the Colony of the Straits Settlements or of the Colony of Singapore.
“(3) Where a calculation in accordance with sub-section (2) results in the ascertainment of an amount in Australian currency that includes a percentage of a cent, then—
(a) if the percentage is not greater than 0.45, the percentage shall be disregarded; or
(b) if the percentage exceeds 0.45, the amount in cents shall be deemed to be increased by adding one to the number of cents (without the percentage).
“(4) Notwithstanding sub-sections (2) and (3), the equivalent of an amount of 3 cents or less in the currency of the Colony of the Straits Settlements or of the Colony of Singapore shall be deemed to be one cent in Australian currency.”.
[*] Notified in the Commonwealth of Australia Gazette on 17 October 1980.
[†] 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; No. 2, 1977; and No. 6.1979.
Overview
The Interpretation (Amendment) Ordinance 1980 was enacted to amend the Interpretation Ordinance 1955, addressing the need to update and refine the definitions and references within the principal ordinance to align with current legislative practices and administrative requirements. The Governor-General, acting on the advice of the Federal Executive Council, issued this ordinance under the authority of the Cocos (Keeling) Islands Act 1955. The primary objective of this amendment is to ensure that the legal framework governing the Territory of Cocos (Keeling) Islands remains coherent and relevant, particularly in light of changes in legal terminology and administrative structures. This includes the incorporation of updated definitions for terms such as "medical practitioner" and adjustments to references in laws previously applicable to Singapore, now adapted for the Territory. The changes also reflect the administrative transition from references to "the Governor" to "the Minister," indicating a shift in governance and administrative oversight.
Scope and Application
The Interpretation (Amendment) Ordinance 1980 applies to the Territory of Cocos (Keeling) Islands and amends the Interpretation Ordinance 1955, affecting the interpretation of legal terms and references within the territory. This legislative instrument is pertinent to individuals and entities operating within the Territory of Cocos (Keeling) Islands, particularly those engaged in legal or administrative functions, as it modifies definitions and references in existing laws. The ordinance extends to all persons and entities subject to the laws of the Territory of Cocos (Keeling) Islands, and it modifies references to legal terms and currency conversions as they pertain to the interpretation of laws originating from the Colony of Singapore. The geographic reach of this ordinance is limited to the Territory of Cocos (Keeling) Islands. It does not specify any exclusions, exemptions, or thresholds but provides specific directions for the conversion of currency and the exercise of powers or functions under certain laws. The ordinance also allows for the exercise of powers and functions under laws of Singapore by persons or authorities as directed by the Minister, thereby extending its application through subordinate instruments.
Key Provisions
The Interpretation (Amendment) Ordinance 1980 (section 3) amends the Interpretation Ordinance 1955 by introducing a new definition for "medical practitioner" in subsection (1) of section 5. This definition specifies that a medical practitioner is a person registered or licensed under state, territory, or UK law. Part III of the Principal Ordinance (section 4) has its heading changed to "PROVISIONS RELATING TO ORDINANCES OF THE COLONY OF SINGAPORE IN THEIR APPLICATION AS LAWS OF THE TERRITORY". Section 18 of the Principal Ordinance (section 5) has its table amended to include new definitions for "advocate" or "advocate and solicitor" and "medical practitioner", and to change references to "the Colony", "the Colony of Singapore", "the Settlement of Singapore", and "the Governor" to "the Territory" and "the Minister". The Ordinance further amends the Principal Ordinance by adding a new section 19c (section 6), which states that where an Ordinance of the Colony of Singapore confers a power or function on a person or authority, that power or function may be exercised or performed by such person or authority as the Minister directs. Lastly, section 20 of the Principal Ordinance (section 7) is amended to include new conversion rates for currency from the Colony of the Straits Settlements or of the Colony of Singapore to Australian currency.
The Interpretation (Amendment) Ordinance 1980 imposes several obligations on the parties and entities it governs. Firstly, it requires that the term "medical practitioner" be interpreted in line with the new definition provided in section 3 of the Ordinance. Secondly, it mandates that references to "advocate" or "advocate and solicitor" and "medical practitioner" be understood in accordance with the amended definitions in section 5. Thirdly, it necessitates that references to "the Colony", "the Colony of Singapore", "the Settlement of Singapore", and "the Governor" be understood as referring to "the Territory" and "the Minister". Additionally, section 19c imposes an obligation on the Minister to direct any powers or functions conferred by an Ordinance of the Colony of Singapore to the appropriate person or authority. Finally, section 20 requires the conversion of currency from the Colony of the Straits Settlements or of the Colony of Singapore to Australian currency in accordance with the specified rates.
The Interpretation (Amendment) Ordinance 1980 does not explicitly state any offences, penalties, or consequences for breach. However, non-compliance with the obligations and requirements imposed by the Ordinance could potentially lead to legal challenges or disputes regarding the interpretation of terms and the application of laws. The consequences of such disputes would depend on the specific circumstances and the applicable laws at the time.