Interpretation (Amendment) Ordinance 1992 (CKI)

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 TERRITORY OF COCOS (KEELING) ISLANDS

__________________

 

Interpretation (Amendment) Ordinance 1992

 

No. 3 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 Cocos (Keeling) Islands Act 1955.

 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 1955

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 1955 2 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.K.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 Court’, ‘District Judge’ ‘oath of office’ or ‘official oath’, ‘Ordinance’ and ‘Ordinance of the Colony of Singapore’ ”.

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 12 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;

‘the Act’ means the Cocos (Keeling) Islands Act 1955;

‘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 8 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 12 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 8 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.”.


9.   New Section 18a

9.1   After section 18, insert:

 “18a. (1)  If, under a Singapore Ordinance, a power or function is vested in:

 (a) the Governor of the Colony of Singapore; or

 (b) the Governor of that Colony in Council; or

 (c) any other person or authority;

then, unless the contrary intention appears, that power or function may be exercised or performed by:

 (d) the Minister; or

 (e) the Governor-General.

 “(2) The Minister may, by instrument, delegate a power or function vested in the Minister under subsection (1) to a person or authority to whom sub-section 8g (7) of the Act applies.

 “(3) An instrument of direction or delegation in force immediately before 1 July 1992 under section 8 of the Act as in force immediately before that date continues in force as if that section had not been repealed.”.

 

___________________________________________________________

NOTES

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

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; Nos. 3 and 6, 1987.

 

Overview

The Interpretation (Amendment) Ordinance 1992 was enacted by the Governor-General of the Commonwealth of Australia under the Cocos (Keeling) Islands Act 1955 to address gaps and ambiguities in the existing legal framework of the Territory of Cocos (Keeling) Islands. This legislative instrument aims to clarify and update the Interpretation Ordinance 1955, ensuring that the laws of the Territory are interpreted and applied consistently and accurately. The primary policy objective of this Ordinance is to facilitate the proper administration of justice and governance within the Territory by providing clear definitions and references for various legal terms and statutes. This amendment also seeks to integrate the laws of Western Australia and the Colony of Singapore more seamlessly into the legal system of the Territory, allowing for a more efficient and coherent legal framework. The changes introduced by the Interpretation (Amendment) Ordinance 1992, such as the inclusion of new definitions and the modification of existing provisions, aim to enhance the overall clarity and effectiveness of the legal system in the Territory.

Scope and Application

The Interpretation (Amendment) Ordinance 1992 applies to all Ordinances, including itself, except where the contrary intention appears. It extends to references made in Ordinances to the short titles of Western Australian Acts, which are to be interpreted as being in force in Western Australia or as in force in the Territory in accordance with section 8a of the Cocos (Keeling) Islands Act 1955. This Ordinance is applicable to various persons and entities within the Territory, including the Governor-General, the Minister, courts, and individuals acting judicially. The Ordinance provides definitions for key terms such as 'applied law', 'Commonwealth Ordinance', 'Ordinance', 'Singapore Ordinance', and 'Western Australian Act', which aids in interpreting the legislation and related instruments. The Ordinance also mandates that all courts and persons acting judicially must take judicial notice of certain laws and instruments, including Commonwealth Ordinances, applied laws, Singapore Ordinances, Ordinances of the Colony of Singapore, and other specified instruments. The Ordinance further allows for the delegation of powers and functions vested in the Minister or the Governor-General, provided that such delegations are made by instrument and are in accordance with section 8g(7) of the Act.

Key Provisions

The Interpretation (Amendment) Ordinance 1992 amends the Interpretation Ordinance 1955. The primary changes introduced by this Ordinance include modifications to the application of certain laws, definitions, and judicial notice provisions. Section 4(1) now states that the Ordinance applies to all Ordinances unless otherwise specified. Section 4a introduces the concept of Western Australian Acts being referenced as in force in Western Australia or as in force in the Territory under section 8a of the Act. Definitions have been revised and updated in Section 5, removing some and adding others, including definitions for 'applied law', 'Commonwealth Ordinance', and 'Singapore Ordinance'. Section 9 revises the judicial notice provisions to include Commonwealth Ordinances, applied laws, Singapore Ordinances, Ordinances of the Colony of Singapore, and related instruments. The obligations and requirements imposed by the Interpretation (Amendment) Ordinance 1992 include ensuring that all courts and persons acting judicially must take judicial notice of the specified laws and instruments, as outlined in Section 9. Additionally, the Ordinance mandates that references to Western Australian Acts must be interpreted according to the provisions of Section 4a, which clarifies how these Acts are to be applied in the Territory. The definitions provided in Section 5 must be adhered to when interpreting the Ordinance and related laws. In terms of consequences for breaches, the Ordinance does not explicitly outline specific offences or penalties within its text. However, failure to comply with the judicial notice requirements or misinterpretation of the definitions and references within the Ordinance could potentially lead to legal challenges or disputes in court. The severity of any civil or criminal consequences would depend on the specific context and the outcomes of any resulting litigation.

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