Utilities and Services Amendment Ordinance 2001 (No. 1)(CI)

Overview

The Utilities and Services Amendment Ordinance 2001 (No. 1) was enacted to make amendments to the Utilities and Services Ordinance 1996, addressing certain administrative and procedural aspects of utility and service fees on the Territory of Christmas Island. This legislation was introduced to ensure that fee imposition and collection processes are transparent and consistent with applicable laws. Enacted by the Governor-General, acting with the advice of the Federal Executive Council under the authority of the Christmas Island Act 1958, the primary policy objective of this amendment is to formalise and clarify the fee structure for utilities and services provided by the Administrator to residents and users on Christmas Island. The amendments streamline the fee imposition process, ensuring that fees are determined and notified in the Gazette, thereby maintaining transparency and fairness in service charges.

Scope and Application

The Utilities and Services Amendment Ordinance 2001 (No. 1) applies to individuals and entities that are provided with utilities or services by the Administrator on Christmas Island. The amendment pertains to the fees imposed on the provision of utilities and the use of services. Specifically, it details how the applicable fees are determined and notified, either by the Administrator or under an applied law. The amendment also outlines the process for the tabling and disallowance of fee determinations, ensuring transparency and accountability in fee setting. Geographically, this legislation is specific to the Territory of Christmas Island and does not extend beyond it. The amendment does not explicitly mention any exclusions or exemptions but rather focuses on the procedural aspects of fee imposition and notification. The Ordinance extends its application through the amendments detailed in Schedule 1, which replaces and modifies specific sections of the Utilities and Services Ordinance 1996.

Key Provisions

The main operative sections of the Utilities and Services Amendment Ordinance 2001 (No. 1) involve the imposition of fees for the provision of utilities and the use of services on Christmas Island. Specifically, section 4(1) of the Ordinance stipulates that a fee is imposed on a person for the provision of a utility or the use of a service by the Administrator. This fee is determined by the Administrator, as stated in section 4(2)(a), and must be notified in the Gazette. If no specific fee is determined, the applicable fee under an applied law, as per section 4(2)(b), is to be charged instead, subject to the same notification requirement. The Ordinance imposes several obligations on the parties it governs. Firstly, the Administrator must determine the applicable fees for utilities and services and notify these fees in the Gazette, as outlined in section 4(2). If a fee is not determined by the Administrator, the applicable fee under existing laws must be charged. The Administrator also has the discretion to specify the manner in which the fee is to be paid and set a deadline for payment, as indicated in section 4(2A). Additionally, any fee determination must specify the date from which the fee applies. Failure to comply with the provisions of the Ordinance can result in civil or criminal consequences. Although specific penalties are not outlined within the provided text, breaches of similar ordinances often incur fines or other penalties as prescribed by law. The precise nature and extent of penalties would be determined by the applicable laws and regulations in force at the time of any alleged breach. It is essential for entities and individuals governed by this Ordinance to adhere to the specified requirements to avoid potential legal repercussions.