Territory of Christmas Island
Local Government Legislation Amendment Ordinance 1993
Ordinance No. 2 of 1993 as amended
made under the
Christmas Island Act 1958
This compilation was prepared on 14 December 2001
taking into account amendments up to Ordinance No. 6 of 1993
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1 Preliminary
1 Short title [see Note 1]
2 Amendments
Part 2 Amendments of the Local Government (Transition) Ordinance 1992
3 Section 10 (Amendment of Local Government Act)
Part 3 Amendments of the Local Government Act 1960 (W.A.) (C.I.)
5 New Section 7
6 Section 36 (Eligibility for registration as an elector)
7 Section 37 (Application by owners and occupiers for registration)
8 Section 42 (Preparation of residents rolls)
9 Section 46 (Clerk to give notice as to registration on rolls)
10 Section 84 (Candidates for election)
11 Section 532 (Land is rateable property)
Notes
An Ordinance to amend the Local Government (Transition) Ordinance 1992 and the Local Government Act 1960 (W.A.) (C.I.)
Part 1 Preliminary
1 Short title [see Note 1]
1.1 This Ordinance may be cited as the Local Government Legislation Amendment Ordinance 1993.
2 Amendments
2.1 The Local Government (Transition) Ordinance 1992 is amended as set out in Part 2.
2.2 The Local Government Act 1960 (W.A.) (C.I.) is amended as set out in Part 3.
Note This Ordinance commences on gazettal: see Christmas Island Act 1958 s 9 (2).
Part 2 Amendments of the Local Government (Transition) Ordinance 1992
3 Section 10 (Amendment of Local Government Act)
3.1 After paragraph (b), insert the following word and paragraph:
and (c) an election held before the annual election day in 1994 to fill an extraordinary vacancy;
Part 3 Amendments of the Local Government Act 1960 (W.A.) (C.I.)
4 Section 6 (Interpretation)
4.1 After the definition of clerk or clerk of the council, insert:
Commonwealth electoral roll means an extract of the Electoral Roll maintained under the Commonwealth Electoral Act 1918 for the Division of the Northern Territory listing those people whose place of living is the Territory of Christmas Island and who have attained the age of 18 years.
5 New Section 7
5.1 After section 6, insert:
7 Information on forms in languages other than English
A form is not invalid only because it contains a written translation or summary, in a language other than English, of the information written on the form in the English language.
6 Section 36 (Eligibility for registration as an elector)
6.1 Subsection 36 (1):
Omit all the words after “on the electoral roll of a municipality if”, substitute “he or she is enrolled on the Commonwealth electoral roll.”.
6.2 Subparagraph 36 (2) (a) (ii):
Omit “State”, substitute “Territory”.
6.3 Subparagraph 36 (2) (b) (ii):
Omit “State”, substitute “Territory”.
7 Section 37 (Application by owners and occupiers for registration)
7.1 Add at the end:
(2) An application may be made by facsimile transmission.
8 Section 42 (Preparation of residents rolls)
8.1 Subsection 42 (3):
Omit “as an elector for the Legislative Assembly”, substitute “on the Commonwealth electoral roll”.
9 Section 46 (Clerk to give notice as to registration on rolls)
9.1 Paragraph 46 (1) (a):
Omit the paragraph, substitute:
(a) in the case of a person who is eligible for enrolment on the Commonwealth electoral roll, make a claim for enrolment under the Commonwealth Electoral Act 1918; or
10 Section 84 (Candidates for election)
10.1 Add at the end:
(2) A completed nomination paper may be delivered by facsimile transmission.
(3) A nomination paper delivered by facsimile transmission is taken to be accompanied by the deposit if the deposit is delivered within the period described in paragraph (1) (d).
11 Section 532 (Land is rateable property)
11.1 Subsection 532 (9):
Omit the subsection.
Notes to the Local Government Legislation Amendment Ordinance 1993
Note 1
The Local Government Legislation Amendment Ordinance 1993 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance No. 2 of 1993 amended as indicated in the Tables below.
Table of Ordinances
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
No. 2, 1993 | 16 Apr 1993 | 16 Apr 1993 | |
No. 6, 1993 | 30 June 1993 | 1 July 1993 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Part 3 | |
S. 11................. | ad. No. 6, 1993 |
Overview
The Local Government Legislation Amendment Ordinance 1993, enacted under the Christmas Island Act 1958, was introduced to amend existing local government legislation on Christmas Island, specifically the Local Government (Transition) Ordinance 1992 and the Local Government Act 1960 (W.A.) (C.I.). This legislative instrument aims to address gaps and update provisions to align with the current legal and administrative requirements of local governance on the island. The Territory of Christmas Island, through its legislative process, aimed to modernise its local government laws, ensuring that they accommodate changes in electoral systems and administrative practices. The policy objective of the amendments includes updating the electoral roll system, incorporating the Commonwealth electoral roll for residency and eligibility purposes, and facilitating modern methods of communication such as facsimile transmission for applications and nominations in local elections.
The amendments introduced by the Local Government Legislation Amendment Ordinance 1993 reflect a commitment to streamlining local government operations and ensuring that the electoral process is inclusive and up-to-date with national standards. By integrating the Commonwealth electoral roll, the ordinance seeks to standardise and simplify the registration process for electors, while also allowing for more flexible methods of communication and application submission, such as facsimile transmission. These changes aim to enhance the efficiency and accessibility of local government services on Christmas Island.
Scope and Application
The Local Government Legislation Amendment Ordinance 1993 applies to the Territory of Christmas Island and amends the Local Government (Transition) Ordinance 1992 and the Local Government Act 1960 (W.A.) (C.I.). This ordinance regulates local government matters, including electoral processes and rateable property. It applies to individuals and entities involved in local government elections and property rating within the territory. Notably, this ordinance allows for the use of facsimile transmission for the submission of nomination papers and applications related to local government elections, expanding the means by which these documents can be processed. The ordinance provides for the inclusion of translations of information on forms in languages other than English, ensuring accessibility for non-English speaking residents. The amendments made by this ordinance have a direct impact on the local electoral system, registration processes, and property rating criteria within Christmas Island's local government framework.
Key Provisions
The Local Government Legislation Amendment Ordinance 1993 (Ordinance No. 2 of 1993 as amended) amends two primary pieces of legislation: the Local Government (Transition) Ordinance 1992 and the Local Government Act 1960 (W.A.) (C.I.). These amendments are designed to update and refine the electoral processes and registration requirements for local government elections on Christmas Island. For instance, Section 3 of this Ordinance modifies Section 10 of the Local Government (Transition) Ordinance 1992 by adding a new subparagraph (c) to include elections held before the annual election day in 1994 to fill an extraordinary vacancy (Section 3.1).
This Amendment Ordinance imposes several obligations on the parties it governs. Firstly, it mandates that any form used in the local government electoral process is not rendered invalid merely because it contains a translation or summary in a language other than English, provided that the original English text is also present (Section 5.1). Additionally, it updates the eligibility criteria for registration as an elector, stipulating that an individual must be enrolled on the Commonwealth electoral roll to be eligible for registration as an elector (Section 6.1). Furthermore, the Ordinance allows for applications for registration to be made by facsimile transmission, broadening the avenues for submission (Section 7.1).
The Ordinance also delineates penalties and consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly detailed within the provided text, it can be inferred that failure to comply with these amendments could result in invalid elections or registration processes. This may potentially lead to legal disputes or administrative actions to rectify non-compliant practices. The Ordinance's amendments are designed to ensure that the electoral processes on Christmas Island are conducted smoothly and in compliance with updated legislative requirements.