Ordinances Citation Ordinance 1976 (CKI)

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THE TERRITORY OF COCOS (KEELING) ISLANDS

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 Cocos (Keeling) Islands Act 1955.

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 1955[†] 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(a) a reference to the short title of another Ordinance as originally made; or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(c) the reference shall be construed as a reference to that other Ordinance as originally made and as amended from time to time; and

(d) where that other Ordinance has been repealed and remade, with or without modification, the reference shall be construed as including a reference to the remade Ordinance as originally made and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Ordinance are referred to, being provisions to which provisions of the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(a) a reference to the short title of an Act as originally enacted; or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(c) the reference shall be construed as a reference to the Act as originally enacted and as amended from time to time; and

(d) where that Act has been repealed and re-enacted, with or without modification, the reference shall be construed as including a reference to the re-enacted Act as originally enacted and as amended from time to time and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to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, 1955, as amended by No. 1, 1958; No. 1, 1962, No. 3, 1964; Nos. 1 and 6, 1966; No. 1, 1973; and No. 2, 1975.

Overview

The Ordinances Citation Ordinance 1976 was enacted to standardise the citation of ordinances on the Territory of Cocos (Keeling) Islands. It was introduced to address issues arising from the inconsistent and ambiguous referencing of ordinances as they underwent amendments or were repealed and remade. This ordinance was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. The policy objective of the Ordinances Citation Ordinance 1976 is to ensure that references to ordinances and acts, whether amended, repealed, or re-enacted, are clearly and consistently interpreted. This is achieved by specifying how references to the short titles and citation methods of ordinances and acts should be construed, ensuring they reflect the current state of the legislation.

Scope and Application

The Ordinances Citation Ordinance 1976 applies to all Ordinances enacted under the authority of the Cocos (Keeling) Islands Act 1955, including any references to those Ordinances as they were originally made or subsequently amended. The Ordinance amends the Interpretation Ordinance 1955 to clarify that references to the short title of another Ordinance or Act, as well as to the methods of citation, should be interpreted as references to the Ordinance or Act as originally enacted and as amended from time to time. This includes instances where an Ordinance or Act has been repealed and subsequently re-enacted, with or without modifications. The Ordinance also addresses specific amendments to the citation method of Ordinances that have been amended by other Ordinances, ensuring that the citation methods are updated accordingly. The scope of this legislation is limited to the geographic jurisdiction of the Territory of Cocos (Keeling) Islands, and it does not extend beyond this territory. There are no stated exclusions, exemptions, or thresholds within the text of the Ordinance itself, but the application and interpretation of the provisions may be subject to further clarification through subordinate instruments or legal practice.

Key Provisions

The Ordinances Citation Ordinance 1976 introduces several key provisions regarding how ordinances and acts are cited in the Territory of Cocos (Keeling) Islands. Firstly, section 2 introduces new sections 8a and 8b to the Interpretation Ordinance 1955. Section 8a addresses references to the short title of another ordinance as originally made or a method of citation provided by law for the citation of another ordinance as amended. This section ensures that such references are construed as references to the ordinance as originally made and as amended from time to time, and where the ordinance has been repealed and remade, the reference includes the remade ordinance as originally made and as amended. Section 8b covers references to the short title of an act as originally enacted or a method of citation provided by law for the citation of an act as amended, applying similar construction rules as section 8a. The Ordinance imposes specific obligations on those drafting or citing ordinances and acts. For example, any reference to an ordinance or act must be interpreted in light of these sections to ensure it correctly reflects the current status of the ordinance or act, including any amendments or re-enactments. Additionally, section 3 provides that where an ordinance has been amended by another ordinance that specifies a method of citation, the principal ordinance is deemed to be amended by substituting that method of citation for the short title. This section also includes specific amendments to methods of citation that contain figures referring to years or the word "Ordinances" before figures referring to a year, ensuring that such references are updated correctly. In terms of potential consequences, the Ordinance does not explicitly state any offences, penalties, or consequences for breach. However, it is likely that any misinterpretation or non-compliance with the citation rules could lead to legal uncertainty or disputes regarding the validity of references to ordinances and acts. While the Ordinance itself does not specify penalties, any legal actions arising from misinterpretation could result in civil or administrative consequences depending on the context and impact of the misinterpretation.

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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.