THE TERRITORY OF COCOS
(KEELING) ISLANDS.
No. 3 of 1964.
AN ORDINANCE
To amend the Interpretation Ordinance 1955-1962.
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 1955-1963.
Dated this twenty-seventh day of August, 1964.
E. W. WOODWARD
Administrator.
By His Excellency's Command,
C. E. BARNES
Minister of State for Territories.
INTERPRETATION ORDINANCE 1964.
Short title and citation
1.—(1.) This Ordinance may be cited as the Interpretation Ordinance 1964.*
( 2. ) The Interpretation Ordinance 1955-1962,± as amended by this Ordinance, may be cited as the Interpretation Ordinance 1955-1964.
References to Magistrates
2. After section twenty-five of the Interpretation Ordinance 1955-1962 the following section is inserted:—
" 26. In an Ordinance, in regulations made under an Ordinance and in any other law of the Territory, a reference to a magistrate shall, on and after the commencement of this section and notwithstanding any definition of the word ' magistrate ' in the Ordinance, regulations or other law of the Territory, be a reference to a Special Magistrate appointed, or deemed to have been appointed, under section ninety-two of the Courts Ordinance, 1955 of the Colony of Singapore in its application to the Territory and as amended by the Courts (Amendment) Ordinance 1955 and the Courts (Amendment) Ordinance 1964.".
* Notified in the Commonwealth Gazette on 10th September, 1964,
± Ordinance No. 1, 1955, as amended by No. 1, 1958 and No. 1, 1962.
Overview
The Interpretation Ordinance 1964, enacted by the Administrator of the Government of the Commonwealth of Australia on 27 August 1964, serves to amend the Interpretation Ordinance 1955-1962. This legislation was introduced to address the need for clarity and consistency in the interpretation of legal terms and references within the Territory of Cocos (Keeling) Islands. The primary objective of this ordinance is to ensure that references to 'magistrates' within any laws, regulations, or ordinances of the territory clearly denote a Special Magistrate appointed under the Courts Ordinance 1955 of the Colony of Singapore, as it applies to the Territory, and as amended by subsequent ordinances. By doing so, the ordinance aims to eliminate ambiguity and provide a unified interpretation framework across all applicable legal documents in the territory.
Scope and Application
The Interpretation Ordinance 1964 applies within the Territory of Cocos (Keeling) Islands, impacting the interpretation of various laws within this jurisdiction. The Ordinance specifically amends the Interpretation Ordinance 1955-1962 to redefine the term "magistrate" as it appears in any Territory ordinance, regulations made under such an ordinance, or any other law of the Territory. This amendment applies to references made after the commencement of this section, overriding any existing definitions within these laws. The Ordinance ensures that a reference to a magistrate now refers to a Special Magistrate appointed under the Courts Ordinance 1955 of the Colony of Singapore, as adapted for the Territory and subsequently amended by the Courts (Amendment) Ordinance 1955 and the Courts (Amendment) Ordinance 1964. The geographic reach of this legislation is confined to the Territory of Cocos (Keeling) Islands, and it does not explicitly mention any exclusions, exemptions, or thresholds. Subordinate instruments may further extend or restrict the application of this Ordinance, though such details are not explicitly stated within the provided text.
Key Provisions
The Interpretation Ordinance 1964 primarily serves to amend the existing Interpretation Ordinance 1955-1962 by introducing a new section that clarifies the definition and application of the term "magistrate" within the laws of the Territory of Cocos (Keeling) Islands (sections 1 and 2). Specifically, section 26 of the amended Ordinance stipulates that any reference to a magistrate in any Ordinance, regulation, or other law of the Territory, after the commencement of this section, must be understood as a reference to a Special Magistrate appointed under the Courts Ordinance 1955 of the Colony of Singapore as it applies to the Territory, as amended by subsequent Ordinances.
This amendment imposes a clear obligation on all legislative, regulatory, and legal documents within the Territory to align their references to "magistrate" with the definition provided in the new section. This ensures consistency and legal certainty, particularly in the interpretation and enforcement of laws. The requirement extends to any future enactments or amendments to existing laws, ensuring that the term "magistrate" is uniformly understood and applied across the Territory’s legal framework.
While the Interpretation Ordinance 1964 itself does not explicitly detail specific offences, penalties, or consequences for non-compliance with its provisions, any failure to adhere to the defined term "magistrate" as outlined in section 26 could lead to legal ambiguities or disputes. Such discrepancies might potentially result in challenges to the validity or interpretation of legal proceedings, regulations, or other statutory requirements within the Territory. The consequences of misinterpretation could include legal uncertainty, challenges in the enforcement of laws, or judicial decisions that may not align with the intended legislative framework.