Territory of Christmas Island
Ordinances Revision Ordinance 2002
No. 1 of 20021
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.
Dated 2 May 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
WILSON TUCKEY
Minister for Regional Services, Territories and Local Government
Contents
1 Name of Ordinance
2 Commencement
3 Children’s Court Ordinance 1972 — repeal
4 Christmas Island Services Corporation Provident Fund Ordinance 1985 — repeal
5 Coroners Ordinance 1958 — repeal
6 Migratory Birds Ordinance 1980 — repeal
7 Phosphate Mining Company of Christmas Island Limited Provident Fund Ordinance 1982 — repeal
8 Phosphate Mining Corporation of Christmas Island Ordinance 1985 — repeal
9 Phosphate Mining Corporation of Christmas Island Provident Fund Ordinance 1985 — repeal
10 Phosphate Mining Corporation of Christmas Island (Winding Up) Ordinance 1987 — repeal
11 Post and Telegraph Ordinance 1968 — repeal
12 Quarantine and Prevention of Disease Ordinance of Singapore — amendment
13 Supreme Court Ordinance 1958 — repeal
14 Unclaimed Moneys Ordinance 1974 — repeal
Schedule 1 Amendments of the Quarantine and Prevention of Disease Ordinance of Singapore, in its application to the Territory
An Ordinance to repeal certain redundant Ordinances, and for related matters
1 Name of Ordinance
This Ordinance is the Ordinances Revision Ordinance 2002.
2 Commencement
This Ordinance commences on gazettal.
3 Children’s Court Ordinance 1972 — repeal
The following Ordinance is repealed:
No. 1 of 1972.
4 Christmas Island Services Corporation Provident Fund Ordinance 1985 — repeal
The following Ordinance is repealed:
No. 2 of 1985.
5 Coroners Ordinance 1958 — repeal
The following Ordinances are repealed:
No. 7 of 1958
No. 3 of 1968.
6 Migratory Birds Ordinance 1980 — repeal
The following Ordinances are repealed:
No. 4 of 1980
No. 12 of 1985
No. 1 of 1988.
7 Phosphate Mining Company of Christmas Island Limited Provident Fund Ordinance 1982 — repeal
The following Ordinance is repealed:
No. 6 of 1982.
8 Phosphate Mining Corporation of Christmas Island Ordinance 1985 — repeal
The following Ordinances are repealed:
No. 6 of 1985
No. 13 of 1985
No. 9 of 1987.
9 Phosphate Mining Corporation of Christmas Island Provident Fund Ordinance 1985 — repeal
The following Ordinance is repealed:
No. 10 of 1985.
10 Phosphate Mining Corporation of Christmas Island (Winding Up) Ordinance 1987 — repeal
The following Ordinances are repealed:
No. 8 of 1987
No. 13 of 1987.
11 Post and Telegraph Ordinance 1968 — repeal
The following Ordinances are repealed:
No. 7 of 1968
No. 8 of 1968
No. 1 of 1969
No. 4 of 1971
No. 5 of 1974
No. 3 of 1975
No. 2 of 1980.
12 Quarantine and Prevention of Disease Ordinance of Singapore — amendment
Schedule 1 amends the Quarantine and Prevention of Disease Ordinance of the Colony of Singapore, in its application to the Territory.
13 Supreme Court Ordinance 1958 — repeal
The following Ordinances are repealed:
No. 4 of 1958
No. 2 of 1963
No. 3 of 1972
No. 2 of 1976
No. 2 of 1979
No. 1 of 1982
No. 9 of 1985
No. 5 of 1987.
14 Unclaimed Moneys Ordinance 1974 — repeal
The following Ordinance is repealed:
No. 3 of 1974.
Schedule 1 Amendments of the Quarantine and Prevention of Disease Ordinance of Singapore, in its application to the Territory
(section 12)
[1] Parts II and III
omit
[2] Part VI
omit
Note
1. Notified in the Commonwealth of Australia Gazette on 9 May 2002.
Overview
The Territory of Christmas Island Ordinances Revision Ordinance 2002 was enacted by the Christmas Island Act 1958 to address the issue of outdated and redundant legislation on the island. This legislative instrument, made under the authority of the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, aims to streamline the legal framework by repealing several obsolete ordinances. The objective of the Ordinances Revision Ordinance 2002 is to improve the efficiency and clarity of the legal system on Christmas Island by removing laws that are no longer applicable or necessary. This includes the repeal of various ordinances related to children's courts, provident funds, coroners, migratory birds, phosphate mining, post and telegraph services, quarantine and disease prevention, and unclaimed moneys, among others. The ordinance also includes an amendment to the Quarantine and Prevention of Disease Ordinance of Singapore to ensure its continued relevance and applicability to the Territory.
Scope and Application
The Ordinances Revision Ordinance 2002 applies to the Territory of Christmas Island and serves to repeal several existing Ordinances that have become redundant or are no longer in use. The repealed Ordinances cover a range of areas including the Children’s Court, provident funds for various corporations, coroners, migratory birds, phosphate mining, post and telegraph services, unclaimed moneys, and the Supreme Court. This revision streamlines the legislative framework of the Territory by removing outdated laws and ensuring that only relevant and necessary legal instruments remain in effect. The amendments to the Quarantine and Prevention of Disease Ordinance of Singapore are specifically tailored to the application in the Territory. The repeals and amendments come into effect immediately upon gazettal, signifying that there are no transitional provisions or thresholds that need to be met for the application of this Ordinance. Subordinate instruments may further extend or specify the application of this Ordinance, but such instruments are not detailed within the primary text of the Ordinance itself.
Key Provisions
The Ordinances Revision Ordinance 2002 (Ordinance) is a comprehensive piece of legislation that serves to repeal a number of existing Ordinances and amend others, all in the interest of streamlining and modernising the legislative framework of the Territory of Christmas Island. The Ordinance commences on the date of its gazettal, as outlined in section 2, thereby immediately bringing into effect its provisions. The primary operative sections of the Ordinance are those that detail the repeal of various existing Ordinances, such as the Children's Court Ordinance 1972 (section 3), the Christmas Island Services Corporation Provident Fund Ordinance 1985 (section 4), and the Coroners Ordinance 1958 (section 5). Additionally, section 12 of the Ordinance includes an amendment to the Quarantine and Prevention of Disease Ordinance of Singapore, tailoring its application to the Territory of Christmas Island.
In terms of obligations and requirements, the Ordinance imposes a significant administrative burden on the relevant authorities to ensure the smooth transition from the repealed Ordinances to the new legislative environment established by the Ordinance. This includes ensuring that all existing laws that are subject to repeal are effectively phased out and that any necessary transitional measures are put in place. Furthermore, the amendment to the Quarantine and Prevention of Disease Ordinance of Singapore requires careful consideration and implementation to align the provisions with the unique needs and circumstances of Christmas Island. The Ordinance also requires the notification of these changes in the Commonwealth of Australia Gazette, as indicated in Note 1.
The Ordinance does not explicitly detail offences, penalties, or civil/criminal consequences for breaches within its text. However, given the nature of legislative repeal and amendment, any failure to comply with the requirements set forth by the Ordinance could potentially lead to legal challenges or disputes, particularly if existing laws are not properly phased out or if the amended provisions are not correctly implemented. Such issues could result in litigation or other legal consequences, though the specific penalties or outcomes would depend on the circumstances of the breach and any applicable laws or regulations.