THE TERRITORY OF CHRISTMAS ISLAND
No. 2 of 1973
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AN ORDINANCE
To amend the Interpretation Ordinance 1958-1972.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under the Christmas Island Act 1958-1966.
Dated this twenty-third day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
W. L. MORRISON
Minister of State for External Territories.
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INTERPRETATION ORDINANCE 1973
Short title and citation.
1. (1) This Ordinance may be cited as the Interpretation Ordinance 1973.[*]
(2) The Interpretation Ordinance 1958-1972[†] is in this Ordinance referred to as the Principal Ordinance.
(3) The Principal Ordinance, as amended by this Ordinance, may be cited as the Interpretation Ordinance 1958-1973.
Interpretation.
2. Section 5 of the Principal Ordinance is amended by omitting from sub-section (1) the definition of “the Gazette” and substituting the following definition:—
“‘the Gazette’ means—
(a) the Commonwealth of Australia Gazette published before 1st July, 1973, or the Australian Government Gazette published on or after that date; or
(b) the Government Gazette of the Territory;”.
Proof of Gazette, &c.
3. Section 10 of the Principal Ordinance is amended—
(a) by inserting in sub-section (1), after the words “Commonwealth of Australia Gazette” (wherever occurring), the words “, the Australian Government Gazette”; and
(b) by inserting in sub-section (2), after the words “Commonwealth of Australia Gazette”, the words “, of the Australian Government Gazette”.
References to expressions in certain laws.
4. Section 18 of the Principal Ordinance is amended by omitting from the second column of the table in sub-section (1) the words “The Commonwealth of Australia Gazette or the Government Gazette of the Territory” and substituting the words “The Commonwealth of Australia Gazette published before 1st July, 1973, the Australian Government Gazette published on or after that date or the Government Gazette of the Territory “.
[*] Notified in the Australian Government Gazette on 6 September 1973.
[†] Ordinance No. 1, 1958, as amended by No. 1, 1960; No. 1. 1962; No. 4, 1964; No. 1, 1966; No. 2, 1967; No. 2, 1968; and No. 4, 1972.
Overview
The Interpretation Ordinance 1973 was enacted by the Governor-General of Australia, acting on the advice of the Executive Council, under the authority of the Christmas Island Act 1958-1966. This legislation was introduced to amend the Interpretation Ordinance 1958-1972, addressing the need to update references to the Commonwealth of Australia Gazette in light of the transition to the Australian Government Gazette on 1 July 1973. The policy objective of this amendment was to ensure continuity and clarity in the legal documentation by updating references to the gazette in various laws and ordinances, thereby maintaining the integrity of legal citations and references.
Scope and Application
The Interpretation Ordinance 1973 applies to the Territory of Christmas Island and serves to amend the Interpretation Ordinance 1958-1972, subsequently referred to as the Principal Ordinance. This amendment, once enacted, may be cited as the Interpretation Ordinance 1958-1973. The Ordinance primarily focuses on updating references to gazettes to reflect the change from the Commonwealth of Australia Gazette to the Australian Government Gazette, effective from 1st July 1973. The changes ensure that legal references to gazettes within the Territory's legislation are consistent with this transition. The geographic reach of this Ordinance is limited to the Territory of Christmas Island, with no explicit mention of extensions or restrictions through subordinate instruments in the provided text. The amendments pertain to the definitions, proof of gazette publications, and references to expressions in certain laws, ensuring clarity and continuity in legal documentation and references within the Territory.
Key Provisions
The Interpretation Ordinance 1973 (sections 1 to 4) serves to amend the Interpretation Ordinance 1958-1972, updating and clarifying the definitions and references to gazettes and legal publications. Specifically, section 2 updates the definition of "the Gazette" to include the Commonwealth of Australia Gazette, the Australian Government Gazette, and the Government Gazette of the Territory. Section 3 modifies section 10 of the Principal Ordinance by including references to the Australian Government Gazette alongside the Commonwealth of Australia Gazette. Section 4 further amends section 18 of the Principal Ordinance, ensuring that references to legal gazettes are inclusive of the Australian Government Gazette and the Government Gazette of the Territory.
The obligations imposed by this Ordinance are primarily administrative and procedural, ensuring that all references to legal gazettes and publications within the existing Interpretation Ordinance are updated to reflect current publication standards. This includes ensuring that any legal references or citations within statutes, regulations, and other legal instruments are accurate and up to date. The changes necessitate that legal practitioners and entities governed by these laws be aware of and comply with the updated references to gazettes and legal publications.
The Ordinance does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, the importance of accurate legal references and citations implies that failure to comply could lead to legal challenges or disputes regarding the validity or interpretation of statutes and regulations. While the Ordinance itself does not prescribe penalties, any resulting legal disputes or misinterpretations of laws due to non-compliance could lead to civil or criminal consequences, depending on the context and specific laws involved. The penalties for such outcomes would be determined by the relevant statutes addressing those specific issues rather than the Interpretation Ordinance 1973 itself.