Interpretation Amendment Ordinance 1999 (No. 1) (CKI)

Overview

The Territory of COCOS (KEELING) Islands Interpretation Amendment Ordinance 1999 (No. 1) was enacted to amend the Interpretation Ordinance 1955, ensuring that definitions and terms within the legislation reflect current legal standards and practices. This ordinance was issued under the authority of the Cocos (Keeling) Islands Act 1955 and was made by the Governor-General on 17 March 1999. The primary objective of this amendment is to update the definitions to improve clarity and ensure they align with contemporary terminology and jurisdictional changes, particularly in relation to the definitions of Western Australia and the Cocos (Keeling) Islands abbreviations, and the inclusion of a definition for "police officer."

Scope and Application

The Territory of COCOS (KEELING) Islands Interpretation Amendment Ordinance 1999 (No. 1) applies to the Territory of the Cocos (Keeling) Islands, amending the Interpretation Ordinance 1955 to update certain definitions and remove outdated ones. The ordinance is made under the Cocos (Keeling) Islands Act 1955 and affects the interpretation of various terms used in the laws of the Territory, thereby impacting the administration and enforcement of these laws. The ordinance came into effect upon its gazettement and amends the definitions of terms such as "police officer" and removes obsolete terms like "justice of the peace" and "monogamous marriage". The changes aim to modernise the legal terminology used in the Territory, ensuring that it aligns with contemporary understandings and practices. No specific exclusions, exemptions, or thresholds are mentioned in the text, and it does not explicitly extend or restrict the application of other instruments through subordinate legislation.

Key Provisions

The main operative sections of the Territory of Cocos (Keeling) Islands Interpretation Amendment Ordinance 1999 (No. 1) primarily focus on amending the Interpretation Ordinance 1955. Section 3 of the ordinance mandates that Schedule 1 will amend the Interpretation Ordinance 1955. The amendments include changes to definitions and the addition of new definitions. For example, under section 4A, the abbreviations for Western Australia (W.A.) and Cocos (Keeling) Islands (C.K.I.) are updated to (WA) and (CKI), respectively. Furthermore, section 5 introduces a new definition for "police officer" (subsection 5(1)) and removes certain definitions such as those for "justice of the peace," "Magistrate’s Court," and "monogamous marriage." The obligations imposed by the Interpretation Amendment Ordinance 1999 (No. 1) on the parties or entities it governs are primarily administrative and interpretive in nature. The ordinance mandates that any references to abbreviations of Western Australia and Cocos (Keeling) Islands in legal documents must now use the updated forms (WA) and (CKI). Additionally, the new definition of "police officer" must be adhered to in any legal or administrative context within the Territory. The removal of certain definitions means that legal documents must no longer reference "justice of the peace," "Magistrate’s Court," or "monogamous marriage" unless these terms are defined elsewhere within the applicable legislation. The Interpretation Amendment Ordinance 1999 (No. 1) does not explicitly outline specific offences, penalties, or consequences for breaches. However, the accurate use of defined terms and abbreviations in legal documents is crucial for compliance with the Territory's legislative framework. Any failure to adhere to these amendments may lead to misinterpretation or misapplication of the law, potentially resulting in legal disputes or administrative actions. While the ordinance itself does not state maximum penalties, breaches of legal accuracy and compliance in the Territory can attract penalties under other applicable laws.