Local Government Act 1995 (WA)(CI) (Amendment) Ordinance 1996

Overview

The Local Government Act 1995 (W.A.) (C.I.) (Amendment) Ordinance 1996 was enacted to amend the Local Government Act 1995, which governs local government on Christmas Island. The Ordinance was made under the authority of the Christmas Island Act 1958 and was enacted by the Governor-General with the advice of the Federal Executive Council. The amendments introduced by the Ordinance aim to refine and update the eligibility criteria for enrolment to vote in local government elections on Christmas Island, ensuring that the electoral process aligns with national standards and better reflects the demographic composition of the island. The policy objective of these amendments is to provide a more inclusive and representative electoral system that accommodates both residents and non-residents who have a vested interest in the local governance of Christmas Island.

Scope and Application

The Local Government Act 1995 (W.A.) (C.I.) (Amendment) Ordinance 1996 applies to the Territory of Christmas Island and amends the Local Government Act 1995 (W.A.) (C.I.). This legislation is a Commonwealth Ordinance made under the authority of the Christmas Island Act 1958. It extends to the eligibility of residents and non-resident owners or occupiers for enrolment to vote in local government elections in Christmas Island, and includes provisions for the inclusion of translations or summaries of ballot papers in languages other than English. The amendments specifically redefine the term "owner" to include holders of leases that permit mining or mineral extraction, and modify the eligibility criteria for enrolment to vote, aligning them with the Commonwealth Electoral Act 1918. The changes also encompass transitional provisions to facilitate the implementation of these amendments. This ordinance, which commenced on 1 July 1996, aims to update and refine the governance framework for local government elections on Christmas Island.

Key Provisions

The Local Government Act 1995 (W.A.) (C.I.) (Amendment) Ordinance 1996 makes several significant changes to the Local Government Act 1995 for the Territory of Christmas Island. Section 4.1 of the Ordinance amends the definition of "owner" in section 1.4 to include individuals who hold a lease under the Lands Ordinance 1987 that authorises mining or mineral extraction. This inclusion broadens the scope of who can be considered an owner for the purposes of local government elections and other matters. Section 4.29 removes the previous eligibility criteria for residents to be enrolled to vote in local elections, replacing it with a new provision that a person is eligible to be enrolled if they are enrolled or qualified for enrolment in respect of the District constituted by the Territory under subsection 79(2) of the Commonwealth Electoral Act 1918. Section 4.30 similarly revises the eligibility criteria for non-resident owners and occupiers, stipulating that they must be enrolled or qualified for enrolment under the Commonwealth Electoral Act 1918, own or occupy rateable property within the Territory, and have made an accepted electoral eligibility claim that remains in effect. The new section 4.71A, inserted after section 4.71, permits ballot papers and other forms to include translations or summaries in languages other than English. This provision aims to enhance accessibility and inclusivity in the electoral process. The Ordinance imposes several obligations on the parties and entities it governs. Firstly, it requires individuals who hold mining or mineral extraction leases under the Lands Ordinance 1987 to comply with the expanded definition of "owner" in section 1.4. This means they may now be subject to local government regulations and requirements that apply to owners of rateable property. Secondly, residents and non-resident owners or occupiers who wish to vote in local elections must ensure they meet the updated eligibility criteria under sections 4.29 and 4.30. They must be enrolled or qualified for enrolment under the Commonwealth Electoral Act 1918 and, in the case of non-residents, must own or occupy rateable property in the Territory. Additionally, non-residents must submit and have accepted an electoral eligibility claim. The inclusion of translations or summaries on ballot papers and other forms under section 4.71A ensures that all voters, regardless of their language proficiency, can fully understand the contents of these documents. The Ordinance does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the Local Government Act 1995 (W.A.) (C.I.) and other relevant legislation may still apply penalties for non-compliance with local government laws. For instance, offences such as voting without eligibility or improper use of electoral materials could lead to fines or other penalties as prescribed by existing laws. The precise penalties would depend on the nature of the breach and applicable provisions in the Local Government Act 1995 or other related Acts. It is essential for individuals and entities governed by this Ordinance to adhere to the amended requirements to avoid any potential legal repercussions.