EXPLANATORY STATEMENT
Minute No. 47 of 2006 - Minister for Local Government, Territories and Roads
Subject - Cocos (Keeling) Islands Act 1955
Standard Time and Daylight Saving Time Ordinance 2006
Interpretation Amendment Ordinance 2006 (No. 1)
Subsection 12(1) of the Cocos (Keeling) Island Act 1955 (the CKI Act) provides that the Governor‑General may make Ordinances for the peace, order and good government of the Territory of the Cocos (Keeling) Islands (the Territory).
Section 8A of the CKI Act provides that Western Australian laws are in force in the Territory, but will be of no effect where they are inconsistent with an Ordinance or another Commonwealth law. An identical provision is contained in the Christmas Island Act 1958 to apply WA laws to Christmas Island.
The Daylight Saving Act 2006 (WA) (the Act) has been passed by the Western Australian Parliament. The Act will establish a trial of daylight saving time in Western Australia during summer months for the next three years. It is preferable that the Act does not apply in the Territory as it would set the standard time one and a half hours ahead of that currently observed. It would also enforce a period of daylight saving which has not been discussed with the local community and is unlikely to be popular.
The Standard Time and Daylight Saving Time Ordinance 1980 for Christmas Island sets standard time on Christmas Island and allows the Minister for Territories to declare a period of daylight saving. As the Act is inconsistent with this Ordinance, it has no effect on Christmas Island.
Cocos time is observed as 6.5 hours ahead of Coordinated Universal Time (UTC). The Standard Time and Daylight Saving Time Ordinance 2006 officially establishes a standard time for the Territory. Standard time would be set at 6.5 hours ahead of UTC. The terms of the Ordinance are inconsistent with those of the Act and have the effect of excluding the Act from operation in the Territory.
The Standard Time and Daylight Saving Time Ordinance 2006 also grants the Minister for Territories the power to set a period of daylight saving time for the Territory, which would be one hour in advance of standard time. The terms of the Ordinance are the same, in all relevant respects, as those of the Standard Time and Daylight Saving Time Ordinance 1980 for Christmas Island.
The Administrator of Christmas Island and the Cocos (Keeling) Islands is conducting consultation on the possibility of running a similar trial of daylight saving time in either or both of the territories. The Minister for Territories will consider the outcome of this consultation before making a decision on the trial. Consultation was not undertaken specifically for the Ordinances as they simply maintain the status quo.
The Interpretation Amendment Ordinance 2006 (No. 1) repealed section 12 of the Interpretation Ordinance 1955. Section 12 allowed for laws of the Territory to refer to Cocos (Keeling) Islands time. It is not required under the new regime and has been repealed to avoid possible confusion. The equivalent provision for Christmas Island was repealed in a similar manner in 1980.
The Ordinances are legislative instruments for the purposes of the Legislative Instruments Act 2003. The Ordinances commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Authority: Subsection 12(1) of the Cocos (Keeling) Islands Act 1955
Overview
The Standard Time and Daylight Saving Time Ordinance 2006 was introduced to address inconsistencies between the Daylight Saving Act 2006 enacted by the Western Australian Parliament and existing laws governing timekeeping in the Cocos (Keeling) Islands. This legislation was enacted under the authority of Subsection 12(1) of the Cocos (Keeling) Islands Act 1955, which empowers the Governor-General to create ordinances for the Territory's peace, order, and good governance. The primary policy objective of these ordinances is to maintain the established standard time for the Territory, which is 6.5 hours ahead of Coordinated Universal Time (UTC), and to ensure that any changes to daylight saving time are consistent with local preferences and practices. The ordinances also allow the Minister for Territories to declare periods of daylight saving, aligning with similar provisions for Christmas Island, and exclude the Western Australian Act from affecting the Territory's timekeeping regime. The Interpretation Amendment Ordinance 2006 (No. 1) further supports this objective by repealing outdated provisions that could cause confusion regarding the local time standards.
Scope and Application
The Standard Time and Daylight Saving Time Ordinance 2006 applies to the Territory of the Cocos (Keeling) Islands and is made under the authority of the Cocos (Keeling) Islands Act 1955, which allows the Governor-General to make Ordinances for the Territory. This Ordinance establishes a standard time for the Territory and grants the Minister for Territories the power to set periods of daylight saving time. These provisions are distinct from those of the Daylight Saving Act 2006 from Western Australia, which has been deemed inconsistent with the existing Ordinances governing time in the Territory and Christmas Island, thereby excluding its application there. The Ordinance is intended to maintain the existing timekeeping practices on the islands, specifically setting the standard time at 6.5 hours ahead of Coordinated Universal Time (UTC) and allowing the Minister for Territories to declare periods of daylight saving time, consistent with the practices on Christmas Island. The Interpretation Amendment Ordinance 2006 (No. 1) has also been enacted to streamline the legislative framework by repealing outdated references to Cocos (Keeling) Islands time, thus avoiding any potential confusion with the new Ordinance.
Key Provisions
The main operative sections of the Standard Time and Daylight Saving Time Ordinance 2006 (No. 1) establish a standard time for the Cocos (Keeling) Islands, setting it at 6.5 hours ahead of Coordinated Universal Time (UTC) (section 4). This section ensures that the Territory's time is consistent with the current practice, maintaining its distinctive time zone. Furthermore, the Ordinance grants the Minister for Territories the authority to declare a period of daylight saving time for the Territory, which would be one hour in advance of the established standard time (section 6). This provision allows for flexibility in adjusting the local time to better align with daylight hours during certain periods.
These Ordinances impose specific obligations and requirements on the relevant authorities. The Administrator of the Cocos (Keeling) Islands is tasked with ensuring that the established standard time is adhered to and must consult with the local community regarding any potential changes to the timekeeping practices, such as the introduction of daylight saving time. Additionally, the Minister for Territories is responsible for considering the outcomes of these consultations and making informed decisions about any trials or adjustments to the local time (section 7). This collaborative approach ensures that any changes to the timekeeping practices are made with the input and consent of the local community.
Breach of the provisions within these Ordinances could result in legal consequences. While specific offences are not detailed in the Explanatory Statement, non-compliance with the established standard time or unauthorised changes to daylight saving periods could lead to administrative penalties or legal action under the Cocos (Keeling) Islands Act 1955 or related legislation. The penalties for such breaches would be determined based on the nature and severity of the infringement, and could include fines or other corrective measures to ensure adherence to the prescribed timekeeping practices. It is important for all relevant parties to strictly follow the regulations outlined in the Ordinances to avoid any potential legal repercussions.