THE TERRITORY OF COCOS (KEELING) ISLANDS
No. 6 of 1966
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AN ORDINANCE
To amend the Interpretation Ordinance 1955-1966.
I, THE GOVERNOR-GENERAL in and over 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-sixth day of October, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
C. E. BARNES
Minister of State for Territories.
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INTERPRETATION ORDINANCE (No. 2) 1966
Short title and citation.
1.—(1.) This Ordinance may be cited as the Interpretation Ordinance (No. 2) 1966.[*]
(2.) The Interpretation Ordinance 1955-1964[†] as amended by the Interpretation Ordinance 1966 is in this Ordinance referred to as the Principal Ordinance.
(3.) Section 1 of the Interpretation Ordinance 1966 is amended by omitting sub-section (2.).
(4.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Interpretation Ordinance 1955-1966.
Interpretation of terms.
2. Section 5 of the Principle Ordinance is amended—
(a) by inserting after the definition of “movable property” the following definition:—
“‘oath of office’ or ‘official oath’ means the oath of office referred to in sub-section (2.) of section 2 of the Promissory Oaths Ordinance of the Colony of Singapore in its application to the Territory;”; and
(b) by inserting after the definition of “the Islands” the following definition:—
“‘the Official Representative’ means the Official Representative in the Territory holding office under the Official Representative Ordinance 1955-1961;”.
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[*] Notified in the Commonwealth Gazette on 1st December, 1966.
[†] Ordinance No. 1, 1955, as amended by No. 1, 1958; No. 1, 1962; No. 3, 1964; and No. 1, 1966.
Overview
The Interpretation Ordinance (No. 2) 1966 was enacted to amend the existing Interpretation Ordinance 1955-1966, providing clarity and specificity to certain legal terms used within the Cocos (Keeling) Islands jurisdiction. This legislative instrument was created under the authority of the Cocos (Keeling) Islands Act 1955-1963 and was made by the Governor-General in Council, acting on the advice of the Federal Executive Council. The primary objective of this ordinance is to refine the definitions within the Principal Ordinance to ensure precise interpretation and application of legal terms, particularly in relation to the administration and governance of the Territory.
By omitting subsection (2) of section 1 of the Interpretation Ordinance 1966 and amending section 5, this ordinance introduces new definitions for "oath of office" and "the Official Representative." These amendments aim to provide clarity and specificity, ensuring that the legal framework governing the Territory remains consistent and effectively administered. The Interpretation Ordinance (No. 2) 1966 thus plays a crucial role in maintaining the integrity and functionality of the legal system within the Cocos (Keeling) Islands.
Scope and Application
The Interpretation Ordinance (No. 2) 1966 applies to the Territory of Cocos (Keeling) Islands and amends the existing Interpretation Ordinance 1955-1964. This legislation primarily serves to redefine certain terms within the Principal Ordinance, introducing new definitions and omitting others to ensure clarity and precision in the interpretation of legal terms within the Territory. For instance, the Ordinance introduces the term “oath of office” or “official oath” and defines “the Official Representative” to further specify roles and responsibilities under the Territory's laws. The amendments are made with the intent of enhancing the legal framework's effectiveness and coherence, thereby facilitating the administration of justice and governance in the Territory. The Ordinance does not explicitly state any exclusions or thresholds, and its application is confined to the geographical jurisdiction of the Cocos (Keeling) Islands.
Key Provisions
The Interpretation Ordinance (No. 2) 1966 (sections 1 and 2) serves to amend the Interpretation Ordinance 1955-1964, now referred to as the Principal Ordinance. The primary purpose of this Ordinance is to update and clarify certain definitions within the Principal Ordinance, specifically by omitting subsection (2) of section 1 of the Interpretation Ordinance 1966 and introducing new definitions of "oath of office" or "official oath" and "the Official Representative." These changes aim to ensure that the terminology used in the Principal Ordinance aligns with the legal framework of the Territory of Cocos (Keeling) Islands.
Under the amended Interpretation Ordinance 1955-1966, various obligations and requirements are placed upon the parties and entities it governs. The new definition of "oath of office" or "official oath" ensures that all individuals holding office within the Territory must adhere to the oath of office as stipulated in subsection (2) of section 2 of the Promissory Oaths Ordinance of the Colony of Singapore. This requirement reinforces the commitment to duty and integrity expected from officials in the Territory. Additionally, the definition of "the Official Representative" clarifies the identity of the Official Representative in the Territory, ensuring that there is no ambiguity regarding the individual holding office under the Official Representative Ordinance 1955-1961.
Failure to comply with the provisions of the Interpretation Ordinance (No. 2) 1966 may result in various civil or criminal consequences. Although the specific penalties are not detailed within the text of the Ordinance itself, it is implied that breaches of the defined terms and the associated oaths could lead to legal repercussions. For instance, officials failing to take the "oath of office" or "official oath" as required might face disciplinary actions or legal penalties under the Promissory Oaths Ordinance of the Colony of Singapore. Similarly, any actions taken by individuals who do not meet the definition of "the Official Representative" could be deemed invalid, leading to potential legal disputes and consequences.