Territory of Christmas Island
Utilities and Services Ordinance 1996
Ordinance No 4 of 1996 as amended
made under the
Christmas Island Act 1958
This compilation was prepared on 2 August 2001
taking into account amendments up to Ordinance No. 1 of 2001
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Interpretation
3 Supply of utilities and services
4 Fees
5 Tabling and disallowance of determination
Notes
An Ordinance to amend the Utilities and Services Ordinance 1996
1 Short title [see Note 1]
This Ordinance may be cited as the Utilities and Services Ordinance.
2 Interpretation
In this Ordinance:
Administrator means the Administrator of the Territory appointed under section 6 of the Administration Ordinance 1968.
3 Supply of utilities and services
The Administrator may make provision for the supply and use of any of the following utilities and services:
(a) water;
(b) electricity;
(c) gas;
(d) drainage and sewerage;
(e) refuse removal;
(f) public transport;
(g) community health care;
(h) education;
(i) community housing;
(j) marine traffic facilities;
(k) marine harbour facilities;
(l) airport facilities.
4 Fees
(1) There is imposed on a person a fee in relation to:
(a) the provision, by the Administrator, of a utility to the person; or
(b) the use, by the person, of a service provided by the Administrator.
(2) The fee is:
(a) the fee that is:
(i) determined by the Administrator, from time to time, to be the fee applicable to the utility or service; and
(ii) notified in the Gazette; or
(b) if no determination is made under subparagraph (a) (i) in respect of the utility or service, the fee or charge (if any) that is:
(i) applicable to the utility or service under an applied law; and
(ii) notified in the Gazette.
(2A) A determination must specify the date on which the fee commences to apply, and may specify:
(a) the manner in which the fee is to be paid; and
(b) a date or period before the end of which the fee must be paid.
(3) A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.
(4) The amount of a fee is a debt due to the Commonwealth.
5 Tabling and disallowance of determination
Sections 10, 10A, 10B and 10C of the Christmas Island Act 1958 apply to a determination as if a reference in those sections to an Ordinance were a reference to a determination.
Notes to the Utilities and Services Ordinance 1996
Note 1
The Utilities and Services Ordinance 1996 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance 1996 No. 4 amended as indicated in the Tables below.
Table of Ordinances
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
No. 4, 1996 | 21 Aug 1996 | 21 Aug 1996 | |
No. 1, 2001 | 2 Aug 2001 | 2 Aug 2001 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4................. | am. No. 1, 2001 |
S. 5................. | rep. No. 1, 2001 |
Heading to s. 6.........
(renumbered s. 5) | rs. No. 1, 2001 |
Overview
The Utilities and Services Ordinance 1996, enacted under the Christmas Island Act 1958, was introduced to address the need for a comprehensive regulatory framework governing the supply and use of essential utilities and services on Christmas Island. This ordinance empowers the Administrator to make provisions for the supply and use of utilities such as water, electricity, gas, drainage, refuse removal, public transport, community health care, education, community housing, and marine and airport facilities. By providing a structured approach to these essential services, the ordinance aims to ensure that the residents of Christmas Island have reliable access to necessary services. The enacting body responsible for this ordinance is the Parliament, which underscores its legislative authority and the importance of the regulated services to the community. The policy objective of this ordinance is to facilitate the efficient and equitable provision of utilities and services, contributing to the overall welfare and development of the island's population.
Scope and Application
The Utilities and Services Ordinance 1996, as amended, applies to the Territory of Christmas Island and is made under the Christmas Island Act 1958. It grants the Administrator of the Territory the authority to make provisions for the supply and use of various utilities and services including water, electricity, gas, drainage and sewerage, refuse removal, public transport, community health care, education, community housing, and marine and airport facilities. The Ordinance also imposes fees on persons for the provision of these utilities and services, with the specific fee amounts determined by the Administrator and notified in the Gazette. These fees become debt due to the Commonwealth. The application of this Ordinance is subject to disallowance under Sections 10, 10A, 10B, and 10C of the Christmas Island Act 1958. The Ordinance applies broadly across the territory, covering all persons and entities within its jurisdiction, without specific exclusions or thresholds as stated in the text.
Key Provisions
The Utilities and Services Ordinance 1996 (Ordinance No 4 of 1996) governs the supply and use of various utilities and services on Christmas Island, including water, electricity, gas, drainage, refuse removal, public transport, community health care, education, community housing, and marine and airport facilities. The Administrator, appointed under the Administration Ordinance 1968, is empowered to make provisions for the supply and use of these utilities and services (section 3). The Administrator has the authority to determine and notify fees for the provision of utilities and the use of services in the Gazette (section 4). These fees can vary based on the locality or circumstances of supply. The fees become a debt due to the Commonwealth once determined and notified.
Entities and individuals subject to the Ordinance must comply with the fees and provisions set forth by the Administrator. This includes adhering to the specified payment methods and deadlines for fee payments as outlined in any fee determination. Failure to comply with these provisions could result in legal consequences, including the enforcement of the fees as debts.
The Ordinance also outlines the process for tabling and disallowance of fee determinations, aligning with the provisions of the Christmas Island Act 1958 (section 5). Should there be any breaches of the Ordinance, the Act allows for appropriate civil or criminal penalties to be imposed, although specific penalties are not detailed within this excerpt of the Ordinance. The enforcement of these penalties would depend on the nature and severity of the breach.