THE TERRITORY OF COCOS (KEELING) ISLANDS
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Supreme Court (Amendment) Ordinance 1987
No. 2 of 1987
I,. THE ADMINISTRATOR of the Government 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 18 September 1987.
J. A ROWLAND
Administrator
By His Excellency’s Command,
Minister of State for the Arts, Sport, the Environment, Tourism and Territories
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An Ordinance to amend the Supreme Court Ordinance 1955
Short title
1. This Ordinance may be cited as the Supreme Court (Amendment) Ordinance 1987.1
Principal Ordinance
2. In this Ordinance, “Principal Ordinance” means the Supreme Court Ordinance 1955.2
Principal seat and sittings
3. Section 16 of the Principal Ordinance is amended by inserting after subsection (3) the following subsection:
“(4) Sittings of the Supreme Court may be held at a place in Australia outside the Territory for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if the Court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice.”.
Registries
4. Section 17 of the Principal Ordinance is amended by inserting “, either within the Territory or at places in Australia outside the Territory,” after “Court”.
Registrar and other officers
5. Section 18 of the Principal Ordinance is amended:
(a) by inserting “Deputy Registrars and” after “such”; and
(b) by adding the following subsections:
“(2) A Deputy Registrar has and may exercise all the powers, and may perform all the functions, of the Registrar.
“(3) Where a power or duty is conferred or imposed by law, including subsection (2), on a Deputy Registrar, that Deputy Registrar may exercise that power or perform that duty either within the Territory or at a place in Australia outside the Territory.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 24 September 1987.
2. No. 4, 1955 as amended by No. 3, 1963; No. 2, 1976; No. 1, 1982.
Overview
The Supreme Court (Amendment) Ordinance 1987 was enacted to address the administrative and jurisdictional flexibility of the Supreme Court of the Territory of Cocos (Keeling) Islands. This legislative instrument was made under the authority of the Cocos (Keeling) Islands Act 1955 by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of this amendment was to allow the Supreme Court to hold sittings and exercise its jurisdiction outside the Territory, provided it does not compromise the interests of justice. This change was intended to enhance the efficiency and accessibility of the judicial process for the residents and stakeholders of the Cocos (Keeling) Islands.
Scope and Application
The Supreme Court (Amendment) Ordinance 1987, enacted under the authority of the Cocos (Keeling) Islands Act 1955, aims to extend the jurisdictional flexibility of the Supreme Court of the Territory of Cocos (Keeling) Islands. This legislation applies to the Supreme Court and its officers, including the Registrar and any Deputy Registrars, allowing them to exercise their powers and perform their duties not only within the Territory but also at places in Australia outside the Territory. The amendments enable the Supreme Court to hold sittings outside the Territory for matters not involving criminal jurisdiction, provided it is in the interests of justice. Such sittings can be held in Australia, broadening the Court’s geographic reach while maintaining its judicial functions. This flexibility is crucial for ensuring that the Court can operate efficiently and effectively, particularly in circumstances where it is impractical or unjust to hold proceedings within the Territory. The changes introduced by this Ordinance are designed to enhance the administration of justice within the Territory and its interactions with the broader Australian legal system.
Key Provisions
The Supreme Court (Amendment) Ordinance 1987 (section 2) amends the Supreme Court Ordinance 1955 (referred to as the Principal Ordinance). It introduces specific provisions regarding the location and conduct of court proceedings. Section 3 of the Ordinance allows the Supreme Court to hold sittings outside the Territory of Cocos (Keeling) Islands if it is satisfied that such a hearing does not contravene the interests of justice, except in cases involving criminal jurisdiction. Section 4 of the Ordinance permits the establishment of registries both within the Territory and at locations outside the Territory in Australia. These registries are integral to the administration of court matters and facilitate the judicial process.
The obligations imposed by the Ordinance on the Supreme Court and its officers are primarily procedural in nature. Under section 5(2), Deputy Registrars are granted the same powers and functions as the Registrar, enabling them to exercise these powers and perform these functions both within the Territory and outside it, as specified in subsection 5(3). This ensures that the court's administrative and judicial functions can be carried out efficiently and flexibly, depending on the circumstances of individual cases.
Failure to comply with the provisions of this Ordinance could lead to legal consequences, although specific offences and penalties are not detailed in the text provided. In general, non-compliance with legislative provisions can result in civil or criminal liability, depending on the nature and severity of the breach. For the Supreme Court and its officers, adhering to the guidelines set out in the Ordinance is crucial to maintaining the integrity and functionality of the judicial process in the Territory and beyond.