THE TERRITORY OF COCOS (KEELING) ISLANDS
________________
Interpretation (Amendment) Ordinance 1987
No. 3 of 1987
I, THE ADMINISTRATOR of the Government 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 29 October 1987.
J. A. ROWLAND
Administrator
By His Excellency’s Command,
JOHN BROWN
Minister of State for the Arts, Sport, the Environment, Tourism and Territories
___________
An Ordinance to amend the Interpretation Ordinance 1955
Short title
1. This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1987.1
Interpretation
2. Section 5 of the Interpretation Ordinance 19552 is amended:
(a) by omitting the definition of “barrister or solicitor” in subsection (1) and substituting the following definition:
“‘barrister’, ‘solicitor’ or ‘barrister and solicitor’ means a person entitled, under section 55D of the Judiciary Act 1903, to practise as a barrister and solicitor in any Territory of the Commonwealth;”;
(b) by omitting the definition of “medical practitioner” in subsection (1) and substituting the following definition:
“‘medical practitioner’ means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners and whose registration or licence is not suspended under such a law;”; and
(c) by inserting after the definition of “oath of office” or “official oath” in subsection (1) the following definition:
“‘Official Secretary’ means a person employed by the Minister under section 10 of the Administration Ordinance 1975 as Official Secretary;”.
Further amendments
3. The Interpretation Ordinance 1955 is further amended as set out in the Schedule.
______________
SCHEDULE Section 3
FURTHER AMENDMENTS OF THE INTERPRETATION ORDINANCE
Provisions | Amendment |
Subsection 2 (2) | Omit “the last preceding sub-section”, substitute “subsection (1)”. Omit “nine”, substitute “9”. |
Section 6 | Omit “1901-1950 (except sections five and fifteen A, paragraph (e) of section twenty-six, paragraph (d) of section twenty-seven, sub-section (2.) of section thirty, sections thirty-seven to forty (inclusive), paragraph (a) of section forty-six and sections forty-seven, forty-eight and forty-nine)”, substitute “1901 (except sections 5 and 15 A, paragraphs 26 (e) and 27 (d), subsection 30 (2), sections 37 to 40 (inclusive), paragraph 46 (a) and sections 47, 48 and 49)”. |
Subsection 12 (2) | Omit “the last preceding sub-section”, substitute “subsection (1)”. Omit “six and one-half”, substitute “6 1/2”. |
Paragraph 15 (1) (b) | Omit “the last preceding paragraph”, substitute “paragraph (a)”. |
Subsection 15 (2) | Omit “fifteen”, substitute “15”. |
Subsection 15 (5) | Omit “fifteen”, substitute “15”. |
Subsection 15 (6) | Omit “fifteen”, substitute “15”. Omit “the last preceding sub-section”, substitute “subsection (5)”. |
Subsection 16 (1) | Omit “one”, substitute “1”. |
Subsection 16 (2) | Omit “the last preceding sub-section”, substitute “subsection (1)”. |
Subsection 18 (1) | Omit “the first column”, substitute “Column 1”. Omit “the second column”, substitute “Column 2”. Omit “First Column”, substitute “Column 1”. Omit “Second Column”, substitute “Column 2”. Omit “of this Ordinance” (wherever occurring). |
Subsection 19b (1) | Omit “fifteen”, substitute “15”. |
Subsection 19b (2) | Omit “(a) of sub-section (1.) of section 15 of this Ordinance”, substitute “15 (1) (a)”. |
Section 19c | Omit “First Column”, substitute “Column 1”. |
Section 21 | Omit “eight”, substitute “8”. |
Section 26 | Omit all words from and including “appointed, or”, substitute “or Magistrate appointed under section 92 of the Courts Ordinance”. |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 6 November 1987.
2. 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; No. 6, 1979; No. 4, 1980.
Overview
The Interpretation (Amendment) Ordinance 1987 was enacted to amend the Interpretation Ordinance 1955, which provides definitions and interpretative rules for the laws of the Territory of Cocos (Keeling) Islands. The 1987 Ordinance was introduced to address the need for updating certain definitions and interpretations to reflect current legal standards and practices, and to align the definitions with relevant Commonwealth legislation such as the Judiciary Act 1903. The Ordinance was made by the Administrator, acting on the advice of the Federal Executive Council, under the authority conferred by the Cocos (Keeling) Islands Act 1955. The policy objective of these amendments was to ensure that the legal terminology used in the Territory's laws was clear, consistent, and in line with contemporary legal frameworks, facilitating the administration of justice and the interpretation of local legislation.
Scope and Application
The Interpretation (Amendment) Ordinance 1987 applies to the Territory of Cocos (Keeling) Islands and amends the Interpretation Ordinance 1955. The Ordinance updates definitions and provisions to align with contemporary legislative standards and practices, ensuring clarity and consistency in the interpretation of laws within the territory. The amendments include updating definitions for terms such as "barrister," "solicitor," and "medical practitioner" to reflect current Australian legislative terminology, as well as making minor textual adjustments for consistency and ease of reference. The geographic and jurisdictional reach of this Ordinance is limited to the Territory of Cocos (Keeling) Islands, governed under the Cocos (Keeling) Islands Act 1955. The Ordinance does not explicitly state exclusions or exemptions, but its amendments are intended to streamline and standardise legal definitions within the territorial context. The application of the Ordinance is comprehensive across all relevant legislative instruments within the territory, with no specific exclusions noted.
Key Provisions
The Interpretation (Amendment) Ordinance 1987, as enacted under the Cocos (Keeling) Islands Act 1955, primarily serves to update and clarify definitions within the Interpretation Ordinance 1955. Section 2 of the Amendment Ordinance modifies the definitions of “barrister”, “solicitor”, “barrister and solicitor”, and “medical practitioner” by referencing the Judiciary Act 1903 and relevant state or territory laws for registration and licensing of medical practitioners. It also introduces a new definition for “Official Secretary” in line with the Administration Ordinance 1975. The Schedule further amends various sections to correct grammatical errors, update numerical references, and ensure consistency in terminology.
Under the amended provisions, the obligations and requirements now placed on individuals and entities are more clearly defined. For example, the updated definitions of “barrister” and “solicitor” ensure that only those authorised under section 55D of the Judiciary Act 1903 can practice as such in the Territory. Similarly, “medical practitioner” now strictly refers to those registered or licensed under state or territory laws, with their registration or licence being current and not suspended. The new definition of “Official Secretary” ensures that the role is tied to employment by the Minister under the Administration Ordinance 1975. These amendments provide a clearer legal framework for those operating within the Territory, ensuring that roles and professions are accurately and consistently defined.
Failure to comply with the definitions and requirements set out in the amended Interpretation Ordinance 1987 could lead to legal consequences. While specific offences and penalties are not detailed in the text, breaches of legal definitions and requirements can result in civil or criminal actions under relevant laws. For instance, practising law without the appropriate authorisation could be considered an offence under the Judiciary Act 1903 or other relevant legislation, potentially leading to penalties such as fines or imprisonment. Additionally, providing false information regarding one’s professional status could be treated as a civil offence, with potential for legal action to be taken against the individual.