Territory of COCOS (KEELING) iSLANDS
Local Government Ordinance 1992
Ordinance No. 9 of 1992 as amended
made under the
Cocos (Keeling) Islands Act 1955
This compilation was prepared on 8 April 2002
taking into account amendments up to Ordinance No. 5 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
1 Short Title [see Note 1]
2 Amendment
Schedule Amendment to the Local Government Act 1960 (W.A.) (C.K.I.)
Notes
An Ordinance to amend the Local Government Act 1960 (W.A.) (C.K.I.)
1 Short Title [see Note 1]
This Ordinance may be cited as the Local Government Ordinance 1992.
Note This Ordinance commences on gazettal: see Cocos (Keeling) Islands Act 1955: subsection 12 (2).
2 Amendment
The Local Government Act 1960 (W.A.) (C.K.I.) is amended as set out in the Schedule.
Schedule Amendment to the Local Government Act 1960 (W.A.) (C.K.I.)
1. Section 6 (Interpretation)
1.1 Insert the following definition:
Commonwealth electoral roll means an extract of the Electoral Roll maintained under the Commonwealth Electoral Act 1918 of the Commonwealth for the Division of the Northern Territory listing those people whose place of living is the Territory of the Cocos (Keeling) Islands and who have attained the age of 18 years.
2. New Section 7
2.1 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.
3. Section 36 (Eligibility for registration as an elector)
3.1 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.”.
3.2 Subparagraph 36 (2) (a) (ii):
Omit “State”, substitute “Territory”.
3.3 Subparagraph 36 (2) (b) (ii):
Omit “State”, substitute “Territory”.
4. Section 42 (Preparation of Residents Rolls)
4.1 Subsection 42 (3):
Omit “as an elector for the Legislative Assembly”, substitute “on the Commonwealth electoral roll”.
5. Section 46 (Clerk to give notice as to registration on rolls)
5.1 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
6. Section 67 (Disqualification generally)
6.1 Paragraph 67 (1) (d):
Omit the paragraph, substitute:
(d) is the holder of the office of clerk, engineer, town planner, building surveyor or treasurer of the municipality;
7. New section 85A
7.1 After section 85, insert:
85A Nomination by facsimile transmission
(1) For the purposes of paragraph 84 (d), a nomination form may be delivered to the returning officer by facsimile transmission.
(2) For the purposes of paragraphs 84 (d) and 85 (4) (a), a nomination form delivered to the returning officer by facsimile transmission is taken to be accompanied by a deposit if the facsimile of the form and the deposit in relation to the nomination of the person named on the form as the candidate are delivered to the returning officer within the period described in paragraph 84 (d).
8. Section 532 (Land is rateable property)
8.1 Subsection 532 (9):
Omit the subsection.
Notes to the Local Government Ordinance 1992
Note 1
The Local Government Ordinance 1992 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprises Ordinance No. 9 of 1992 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. 9, 1992 | 24 Dec 1992 | 24 Dec 1992 | |
No. 5, 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 |
Schedule | |
Schedule............. | am. No. 5, 1993 |
Overview
The Local Government Ordinance 1992, enacted under the Cocos (Keeling) Islands Act 1955, was introduced to amend the Local Government Act 1960 (W.A.) (C.K.I.) and address various legislative gaps and issues related to local governance on the Territory of Cocos (Keeling) Islands. This ordinance seeks to update and streamline local government practices to better align with the unique needs and circumstances of the Territory. The amendments include the introduction of new definitions, modifications to eligibility criteria for electors, and provisions for the use of non-English language translations on forms, all aimed at enhancing the efficiency and inclusivity of local government processes on the islands. The enacting body responsible for this ordinance is the Parliament of Australia, reflecting the federal oversight and legislative authority under which the Cocos (Keeling) Islands operate.
Scope and Application
The Local Government Ordinance 1992 applies to the Territory of the Cocos (Keeling) Islands, made under the Cocos (Keeling) Islands Act 1955. It amends the Local Government Act 1960 (W.A.) (C.K.I.) and sets out provisions governing local government in the Territory. The Ordinance applies to all residents and entities within the Territory, particularly those involved in local government activities, electoral processes, and land rate assessments. It specifies eligibility criteria for voter registration, altering the requirement to be enrolled on the Commonwealth electoral roll rather than a state electoral roll. Additionally, the Ordinance allows for the use of translated forms, provides for nomination of candidates by facsimile transmission, and modifies certain disqualification criteria for local government officials. The jurisdictional reach of the Ordinance is confined to the Cocos (Keeling) Islands, and it does not explicitly state any exclusions or exemptions. The application of the Ordinance may be extended or further detailed through subordinate instruments or regulations.
Key Provisions
The Local Government Ordinance 1992 (Ordinance No. 9 of 1992) as amended, provides significant changes to the Local Government Act 1960 (W.A.) (C.K.I.). The primary sections of the Ordinance introduce definitions, eligibility criteria, and procedural adjustments for local government operations on the Territory of Cocos (Keeling) Islands. For instance, section 1 defines the Ordinance's scope and commencement, while section 2 outlines amendments to the Local Government Act 1960 (W.A.) (C.K.I.). These amendments include the introduction of a definition for "Commonwealth electoral roll" in section 6 (Interpretation), which specifies that it is an extract of the Electoral Roll maintained under the Commonwealth Electoral Act 1918 for the Division of the Northern Territory, listing individuals residing in the Cocos (Keeling) Islands who are 18 years or older.
The Ordinance imposes specific obligations on parties involved in local government processes. For example, section 7 stipulates that forms containing translations in languages other than English are still valid, ensuring accessibility and inclusivity. Furthermore, section 36 outlines eligibility for registration as an elector, which now requires enrolment on the Commonwealth electoral roll instead of a municipal electoral roll. Section 42 modifies the preparation of Residents Rolls, requiring registration on the Commonwealth electoral roll instead of eligibility for the Legislative Assembly. Additionally, section 46 mandates that eligible persons must claim enrolment under the Commonwealth Electoral Act 1918.
The Ordinance also delineates various offences and penalties for non-compliance. For example, section 67(1)(d) now disqualifies individuals holding specific municipal offices, such as clerk, engineer, town planner, building surveyor, or treasurer, from certain activities. Furthermore, section 85A introduces the possibility of submitting nomination forms via facsimile transmission, provided the form and the required deposit are sent within the specified period. These provisions ensure that local government processes are conducted in a structured and legally compliant manner.
In summary, the Local Government Ordinance 1992 introduces significant amendments to the Local Government Act 1960 (W.A.) (C.K.I.), affecting definitions, eligibility criteria, and procedural requirements for local government operations. By imposing specific obligations and detailing penalties for non-compliance, the Ordinance aims to ensure the smooth and lawful functioning of local government processes in the Cocos (Keeling) Islands.