Interpretation (Amendment) Ordinance 1992 (CI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006B00922 Not in force Legislative Instrument

Legislation content

 

 

 

 

 TERRITORY OF CHRISTMAS  ISLAND

__________________

 

Interpretation (Amendment) Ordinance 1992

 

No. 4 of 1992

 

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.

 Dated 30 June 1992.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

 

 

 

WENDY FATIN

Minister of State for the Arts and Territories

____________

 

An Ordinance to amend the Interpretation Ordinance 1958

1.   Short title

1.1   This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1992.1

2.   Commencement

2.1   This Ordinance commences on 1 July 1992.


3.   Amendment

3.1   The Interpretation Ordinance 19582 is amended as set out in this Ordinance.

4.   Section 2

4.1   Repeal the section.

5.   Section 4 (Application of Ordinance)

5.1   Subsection 4 (1)

Omit the subsection, substitute:

 “4. (1)  Except where the contrary intention appears, this Ordinance applies to all Ordinances including this Ordinance.”.

6.   New section 4a

6.1   After section 4, insert:

Western Australian Acts

 “4a. (1)  A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)” is a reference to the Act as in force in Western Australia.

  “(2) A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)(C.I.)” is a reference to the Act as in force in the Territory in accordance with section 8a of the Act.”.

7.   Section 5 (Interpretation)

7.1   Subsection 5 (1):

Omit the following definitions:

“‘District Judge’,  ‘law of the Territory’, ‘Ordinance’ and ‘Ordinance of the Colony of Singapore’, ‘the District Court’ ”.

7.2   Subsection 5 (1):

Insert the following definitions:

“‘applied law’ means a law of Western Australia as in force in the Territory in accordance with section 8a of the Act;

‘Commonwealth Ordinance’ means an Ordinance made under section 9 of the Act’;


‘Ordinance’ includes:

 (a) a Commonwealth Ordinance; or

 (b) a Singapore Ordinance;

‘Singapore Ordinance’ means an Ordinance of the Colony of Singapore in its application to the Territory, as in force in the Territory in accordance with section 8 of the Act;

‘Western Australian Act’ means an Act passed by the Parliament of Western Australia;”.

8.   Section 9 (Judicial notice to be taken of Ordinances, &c)

8.1    Section 9:

Omit the section, substitute:

 “9. (1)  All courts and persons acting judicially must take judicial notice of–

 (a) a Commonwealth Ordinance; and

 (b) an applied law; and

 (c) a Singapore Ordinance; and

 (d) an Ordinance of the Colony of Singapore as defined in subsection (2); and

 (e) regulations, rules, rules of court, by-laws, proclamations or orders or any other instruments made under a law referred to in paragraph (a), (b), (c) or (d).

 

 “(2) In paragraph 1(d), “Ordinance of the Colony of Singapore” means:

 (a) an Ordinance of the Colony of Singapore in its application to the Territory under section 7 of the Act as in force before 1 July 1992; or

 (b) the provisions of an Ordinance of the Colony of Singapore applying by virtue of an Ordinance made under section 9 of the Act as a law of the Territory before 1 July 1992; or

 (c) an Imperial Act or Order in Council in its application to the Territory under section 7 of the Act as in force before 1 July 1992; or

 (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; or


 (e) a law referred to in paragraph (a), (b), (c) or (d) as amended or affected by a Commonwealth Ordinance.”.

___________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on  30 June 1992.

2.  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; No.3, 1976; No.7, 977; No. 9, 1980; Nos. 6 and 16, 1987.

 

Overview

The Interpretation (Amendment) Ordinance 1992, enacted by the Christmas Island Act 1958, addresses the need to update and clarify the legislative framework on Christmas Island. The Ordinance was made under the authority of the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it commenced on 1 July 1992. The primary objective of this legislation was to amend the Interpretation Ordinance 1958, ensuring that the laws and regulations on Christmas Island are interpreted consistently and accurately. This was achieved by repealing certain sections and introducing new definitions and provisions that facilitate the application of Western Australian laws, the recognition of Commonwealth and Singapore Ordinances, and the judicial notice of relevant laws and instruments.

Scope and Application

The Interpretation (Amendment) Ordinance 1992 applies to the Territory of Christmas Island, amending the Interpretation Ordinance 1958 to redefine the application and interpretation of various legal instruments within the Territory. This amendment ensures that all Ordinances, including this one, apply to the Territory unless explicitly stated otherwise. Notably, it includes provisions for the application of Western Australian Acts, whereby references to Western Australian Acts in an Ordinance are interpreted as referring to the Act as it is in force in Western Australia, or as it has been adapted for the Territory under specific sections of the Christmas Island Act 1958. Additionally, the Ordinance removes certain definitions from the Interpretation Ordinance 1958 and introduces new definitions to clarify terms such as 'applied law', 'Commonwealth Ordinance', 'Ordinance', and 'Western Australian Act'. The amendment also mandates that courts and judicial officers must take judicial notice of Commonwealth Ordinances, applied laws, Singapore Ordinances, Ordinances of the Colony of Singapore, and other specified instruments. This ensures uniformity and clarity in the application of laws within the Territory.

Key Provisions

The main operative sections of the Interpretation (Amendment) Ordinance 1992 are Sections 3 to 9, which collectively amend the Interpretation Ordinance 1958. Specifically, Section 3 repeals Section 24, while Section 4 replaces subsection 4(1) to clarify the application of the Ordinance to all Ordinances unless otherwise specified. Section 4a introduces a new provision clarifying the interpretation of references to Western Australian Acts. Section 5 modifies the definitions by removing certain terms and adding new ones, including definitions for 'applied law', 'Commonwealth Ordinance', 'Ordinance', 'Singapore Ordinance', and 'Western Australian Act'. Section 9 replaces the previous judicial notice requirements, mandating courts and judicial officers to take judicial notice of Commonwealth Ordinances, applied laws, Singapore Ordinances, Ordinances of the Colony of Singapore, and other specified instruments made under these laws. The obligations imposed by the Interpretation (Amendment) Ordinance 1992 primarily pertain to the interpretation and application of legal instruments within the Territory of Christmas Island. The amended definitions in Section 5 require all parties, including courts and legal practitioners, to interpret and apply legal terms consistently with the new definitions provided. Section 4(1) mandates that the Ordinance applies to all Ordinances unless contrary intention appears. Additionally, Section 9 imposes a duty on all courts and judicial officers to take judicial notice of specific laws and instruments, ensuring that these are recognised and considered in legal proceedings. These provisions aim to standardise the interpretation and application of laws within the Territory, ensuring clarity and consistency. Breach of the obligations outlined in the Interpretation (Amendment) Ordinance 1992 does not explicitly state penalties or consequences within the text. However, non-compliance with the judicial notice requirements in Section 9 could potentially lead to legal challenges regarding the validity of legal proceedings or decisions. Misinterpretation of the amended definitions and provisions could result in legal disputes and the need for clarification or correction by higher courts. While the Ordinance does not prescribe specific penalties, the implications of non-compliance could include judicial review or the need for legislative intervention to address inconsistencies or errors in legal interpretations and applications.

Legal classification tags

Area of Law
Statutory Interpretation
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.