territory of Cocos (Keeling) Islands
Utilities and Services Ordinance 1996
Ordinance No. 4 of 1996 as amended
made under the
Cocos (Keeling) Islands Act 1955
This compilation was prepared on 31 August 2005
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
Page
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 provide for the supply of utilities and services in the Territory, and for certain fees
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 5 of the Administration Ordinance 1975.
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 13, 13A, 13B and 13C of the Cocos (Keeling) Islands Act 1955 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 Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Ordinance No. 4 of 1996 amended as indicated in the Tables below.
Table of Instruments
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 as Ordinance No. 4 of 1996 under the Cocos (Keeling) Islands Act 1955, addresses the need to regulate and provide for the supply and use of various utilities and services within the Territory of Cocos (Keeling) Islands. The ordinance grants the Administrator the authority to make provisions for the supply and use of essential utilities and services, including water, electricity, gas, drainage and sewerage, refuse removal, public transport, community health care, education, community housing, marine traffic facilities, marine harbour facilities, and airport facilities. This legislation also imposes fees on individuals for the provision of utilities and the use of services provided by the Administrator. The fees are determined by the Administrator and notified in the Gazette. The enactment of this ordinance aims to ensure the organised and effective provision of essential services within the Territory, while also providing a means for the recovery of costs through the imposition of fees.
Scope and Application
The Utilities and Services Ordinance 1996 applies to the territory of Cocos (Keeling) Islands and is made under the Cocos (Keeling) Islands Act 1955. This ordinance governs the supply and use of essential utilities and services within the territory, including water, electricity, gas, drainage, refuse removal, public transport, community health care, education, community housing, marine traffic facilities, marine harbour facilities, and airport facilities. The ordinance applies to any person or entity within the territory, including both individuals and businesses that utilise these services. The Administrator of the Territory has the authority to set and determine fees for these utilities and services, which are then notified in the Gazette. The fees are a debt due to the Commonwealth and may vary depending on the locality or specific circumstances of the service provided. The ordinance also details the process for tabling and disallowance of fee determinations in accordance with the Cocos (Keeling) Islands Act 1955.
Key Provisions
The Utilities and Services Ordinance 1996 outlines the framework for the supply and use of various utilities and services within the Territory of Cocos (Keeling) Islands. According to section 3, the Administrator has the authority to make provisions for the supply and use of essential utilities and services, including water, electricity, gas, drainage and sewerage, refuse removal, public transport, community health care, education, community housing, marine traffic facilities, marine harbour facilities, and airport facilities. This broad mandate ensures that the Territory can efficiently manage and provide these critical services to its residents.
Under section 4, fees are imposed on individuals or entities for the provision of utilities or the use of services by the Administrator. The fees are determined by the Administrator and must be notified in the Gazette. The fee may vary based on the specific utility or service, and it can be adjusted over time. Additionally, if no specific fee is determined, the applicable fee under an applied law will be in effect, provided it is also notified in the Gazette. Section 4 further specifies that fees can be set differently for utilities and services supplied in various localities or under different circumstances, allowing for flexibility in fee structures.
The Ordinance imposes obligations on the Administrator to ensure that fees are properly set, communicated, and collected. The Administrator must specify the commencement date of the fees and may determine the manner of payment and any deadlines for fee payment. This ensures transparency and compliance with the fee structure. Section 5 outlines the legislative process for tabling and disallowance of fee determinations, referencing sections 13, 13A, 13B, and 13C of the Cocos (Keeling) Islands Act 1955. This provision ensures that any determinations made under the Ordinance are subject to appropriate legislative scrutiny and oversight.
In terms of enforcement and consequences, the Ordinance does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the fee provisions or supply of utilities and services. However, the amount of a fee is considered a debt due to the Commonwealth, implying that failure to pay fees could result in debt recovery actions. Additionally, the tabling and disallowance provisions under section 5 suggest that any improper or unauthorised fee determinations could be subject to disallowance by legislative authorities, thereby ensuring that the Ordinance is enforced within the legal framework of the Territory.