Ordinances Citation Ordinance 1976 (CI)

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THE TERRITORY OF CHRISTMAS ISLAND

No. 3 of 1976

_________

AN ORDINANCE

Relating to the Citation of Ordinances.

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Christmas Island Act 1958.

Dated this twenty-sixth day of August, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

R. G. WITHERS

Minister of State for Administrative Services.

____________

ORDINANCES CITATION ORDINANCE 1976

Short title.

1. This Ordinance may be cited as the Ordinances Citation Ordinance 1976.[*]

2. After section 8 of the Interpretation Ordinance 1958[†] the following sections are inserted:—

References to Ordinances.

“8a. Where an Ordinance contains—

(a) a reference to the short title of another Ordinance as originally made; or

(b) a reference to a method of citation that is, or at any time has been, provided by law for the citation of another Ordinance as amended,

then, except so far as the contrary intention appears—

(c) the reference shall be construed as a reference to that other Ordinance as originally made and as amended from time to time; and

(d) where that other Ordinance has been repealed and remade, with or without modification, the reference shall be construed as including a reference to the remade Ordinance as originally made and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Ordinance are referred to, being provisions to which provisions of the remade Ordinance correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.


References to Acts.

“8b. Where an Ordinance contains—

(a) a reference to the short title of an Act as originally enacted; or

(b) a reference, to a method of citation that is, or at any time has been, provided by law for the citation of an Act as amended,

then, except so far as the contrary intention appears—

(c) the reference shall be construed as a reference to the Act as originally enacted and as amended from time to time; and

(d) where that Act has been repealed and re-enacted, with or without modification, the reference shall be construed as including a reference to the re-enacted Act as originally enacted and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to which provisions of the re-enacted Act correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions.”.

Short titles of amended Ordinances.

3.(1) Where—

(a) immediately before the commencement of this Ordinance, an Ordinance (in this sub-section called “the principal Ordinance”) was in force as amended by another Ordinance (in this sub-section called “the amending Ordinance”); and

(b) the amending Ordinance provided that the principal Ordinance, as so amended, may be cited by a method of citation specified in the amending Ordinance,

the principal Ordinance shall be deemed to be amended by substituting that method of citation for the short title of the principal Ordinance.

(2) Where, by virtue of an amendment deemed to be made by sub-section (1), an Ordinance contains a provision that the Ordinance may be cited by a method of citation that contains figures referring to 2 years, that provision is amended by omitting so much of the method of citation as follows the reference to the first of those years.

(3) Where, by virtue of an amendment deemed to be made by sub-section (1), an Ordinance contains a provision that the Ordinance may be cited by a method of citation that contains the word “Ordinances” immediately before figures referring to a year, that provision is amended by omitting the word “Ordinances” and substituting the word “Ordinance”.

[*] Notified in the Australian Government Gazette on 1 September 1976.

[†] 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; No. 4, 1972; and No. 2, 1973.

Overview

The Ordinances Citation Ordinance 1976 was enacted to address the problem of ambiguous references within existing ordinances on Christmas Island. It was introduced to ensure clarity and consistency in the citation of ordinances and acts, particularly when they have been amended or repealed and subsequently remade. The enacting body for this ordinance was the Federal Executive Council, under the authority of the Governor-General, as per the Christmas Island Act 1958. The policy objective of this ordinance is to streamline legal references, thereby enhancing the precision and reliability of legal documentation and reducing potential confusion or misinterpretation that may arise from outdated or ambiguous citations.

Scope and Application

The Ordinances Citation Ordinance 1976 applies specifically to the Territory of Christmas Island and aims to ensure consistency in the citation of Ordinances and Acts within the territory. This legislative instrument modifies the Interpretation Ordinance 1958 by inserting new sections that provide rules for interpreting references to Ordinances and Acts, including those that have been amended or re-enacted. The ordinance ensures that references to the short title or method of citation of an Ordinance or Act are construed to include any amendments made to that Ordinance or Act, even if the original Ordinance or Act has been repealed and subsequently re-enacted. This provision helps to maintain clarity and continuity in legal references across the territory's legislative framework. The ordinance also includes provisions for updating the citation methods of amended Ordinances to reflect the changes accurately. This legislative measure extends to all Ordinances and Acts within the territory and is applicable to any legal or administrative processes that involve referencing these legislative instruments.

Key Provisions

The Ordinances Citation Ordinance 1976 (section 2) introduces provisions for the interpretation of references to Ordinances and Acts within other legal documents. Specifically, it provides that any reference to the short title of another Ordinance or Act, or to a method of citation provided by law, should be construed as referring to the Ordinance or Act as it was originally enacted and as amended over time. This includes situations where the Ordinance or Act has been repealed and subsequently remade, or where it has been re-enacted. The Ordinance also addresses the citation of amended Ordinances, specifying that where an amending Ordinance provides for a new method of citation for the principal Ordinance, the principal Ordinance is deemed to be amended accordingly (section 3). The Ordinances Citation Ordinance 1976 imposes obligations on legal drafters and interpreters to ensure that references within Ordinances and other legal documents are interpreted in line with the provisions of the Ordinance. This means that they must consider the original enactment and any subsequent amendments of the Ordinance or Act being referenced. The Ordinance further requires that any method of citation containing references to specific years or the term "Ordinances" before a year should be amended to reflect current legal realities (section 3). There are no specific offences, penalties, or civil/criminal consequences outlined in the Ordinances Citation Ordinance 1976 for breach of its provisions. However, failure to correctly interpret references to Ordinances and Acts as required by the Ordinance could lead to legal disputes and potential litigation. Courts would likely apply the principles set out in the Ordinance in determining the correct interpretation of legal references, and non-compliance could result in incorrect application of the law, with associated legal and practical consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.