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Cocos (Keeling) Islands Act 1955

  • - C2004C02822
  • In force - Superseded Version
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Act No. 34 of 1955 as amended, taking into account amendments up to Act No. 211 of 1992
Registered 24 Nov 2009
Start Date 29 Jun 1993
End Date 15 Sep 1994

COCOS (KEELING) ISLANDS ACT 1955
- Reprinted as at 30 April 1994 (HISTACT CHAP 1396 #DATE 30:04:1994)

*1* The Cocos (Keeling) Islands Act 1955 as shown in this reprint comprises Act No. 34, 1955 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Cocos (Keeling) Islands Act 1955
34, 1955 16 June 1955 23 Nov 1955 (see Gazette 1955,
p. 3665)
Cocos (Keeling) Islands Act 1956
89, 1956 8 Nov 1956 23 Nov 1955 -
Cocos (Keeling) Islands Act 1958
67, 1958 8 Oct 1958 8 Oct 1958 S. 5 (2)
Cocos (Keeling) Islands Act 1963
22, 1963 28 May 1963 25 June 1963 S. 3
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Postal and Telecommunications Commissions (Transitional
Provisions) Act 1975
56, 1975 12 June 1975 Ss. 4 and 38: 1 July 1975 (see s.
2 (1) and Gazette 1975, No.
S122)
Remainder: Royal Assent
-
Cocos (Keeling) Islands Amendment Act 1979
6, 1979 5 Mar 1979 21 Mar 1979 (see Gazette 1979,
No. S48) -
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982
26, 1982 7 May 1982 Part XIII (ss. 78, 79):
4 June 1982 (a) -
as
amended
by
80, 1982 22 Sept 1982 Part LXXI (s. 262, 263): 4 June
1982 (b) -
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June 1983 S. 3: 18 July 1983 (c)
S. 7 (1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (d)
-
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986
168, 1986 18 Dec 1986 S. 3: Royal Assent (e)
S. 5 (3)
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Arts, Territories and Environment Legislation Amendment Act 1989
60, 1989 19 June 1989 Ss. 11 and 13: 7 Dec 1988
Part 5 (ss. 14, 15): 11 May 1989
(see s. 2 (3) and Gazette 1989,
No. S164)
Remainder: Royal Assent
-
Territories Law Reform Act 1992
104, 1992 30 June 1992 Ss. 1, 2, 25 and 26: Royal Assent
Ss. 9, 10, 19, 21 and 22: 29 June
1993 (see Gazette 1993, S196)
Remainder: 1 July 1992
-
Territories Legislation Amendment Act 1992
211, 1992 24 Dec 1992 S. 4 and Schedule 2: (f)
Remainder: Royal Assent
-
(a) The Cocos (Keeling) Islands Act 1955 was amended by Part XIII (sections 78 and 79) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2 (12) of which provides as follows:
"(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent."
(b) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (11) of which provides as follows:
"(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982."
(c) The Cocos (Keeling) Islands Act 1955 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
(d) The Cocos (Keeling) Isalands Act 1955 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
(e) The Cocos (Keeling) Islands Act 1955 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(f) "(2) Section 4 and Schedule 2 commence immediately after the commencement of sections 10 and 19 of the Territories Law Reform Act 1992."
Sections 10 and 19 commenced on 29 June 1993 (see Gazette 1993, No. S196).
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Preamble am. No. 6, 1979
S. 3 am. No. 67, 1958
rep. No. 216, 1973
S. 4 am. No. 6, 1979; No. 60, 1989; Nos. 104 and
211, 1992
S. 6 am. No. 6, 1979; No. 65, 1985
S. 7 am. No. 6, 1979
rs. No. 104, 1992
Heading to Part III
rs. No. 104, 1992
Div. 1 of Part III (ss. 8-10)
rep. No. 104, 1992
Div. 1 of Part III (ss. 7A, 8, 8A-8I)
ad. No. 104, 1992
S. 7A ad. No. 104, 1992
S. 8 am. No. 6, 1979
rs. No. 104, 1992
Ss. 8A ad. No. 104, 1992
am. No. 211, 1992
Ss. 8B-8F ad. No. 104, 1992
S. 8G ad. No. 104, 1992
am. No. 211, 1992
Ss. 8H, 8I ad. No. 104, 1992
Ss. 9, 10 am. No. 6, 1979
rep. No. 104, 1992
S. 11 am. No. 216, 1973
rep. No. 56, 1975
S. 13 am. No. 22, 1963; No. 6, 1979; No. 26, 1982
(as am. by No. 80, 1982); No. 39, 1983; No.
168, 1986; No. 99, 1988
Ss. 13A-13C ad. No. 99, 1988
S. 13D ad. No. 99, 1988
am. No. 104, 1992
S. 14 am. No. 67, 1958; No. 6, 1979
rep. No. 65, 1985
S. 14A ad. No. 6, 1979
am. No. 104, 1992
S. 15 rs. No. 6, 1979
am. No. 65, 1985; No. 104, 1992
Part IVA (ss. 15AA-15AK)
ad. No. 60, 1989
Ss. 15AA-15AK ad. No. 60, 1989
Part IVAA (ss. 15AAA-15AAD)
ad. No. 104, 1992
rep. No. 104, 1992
Part IVAA (ss. 15AAA-15AAI)
ad. No. 104, 1992
Ss. 15AAA, 15AAB ad. No. 104, 1992
am. No. 211, 1992
rs. No. 104, 1992
am. No. 211, 1992
Ss. 15AAC, 15AAD ad. No. 104, 1992
am. No. 211, 1992
rs. No. 104, 1992
Ss. 15AAE-15AAH ad. No. 104, 1992
S. 15AAI ad. No. 104, 1992
am. No. 211, 1992
S. 15A ad. No. 67, 1958
am. No. 216, 1973; No. 65, 1985; No. 104,
1992
S. 16 rs. No. 65, 1985
am. No. 60, 1989
S. 17 am. No. 67, 1958; No. 60, 1989
S. 18A ad. No. 89, 1956
S. 18B ad. No. 104, 1992
S. 20 am. No. 93, 1966; No. 6, 1979; No. 104, 1992
Schedule ad. No. 104, 1992

COCOS (KEELING) ISLANDS ACT 1955 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
4. Interpretation
PART II - ACCEPTANCE OF THE ISLANDS
5. Acceptance of Cocos or Keeling Islands
6. Transfer of rights, liabilities etc. to Commonwealth
7. Extinguishment of certain rights and restrictions under
the 1886 Indenture
PART III - LAWS AND LEGISLATIVE POWERS
Division 1 - Laws of the Territory
7A. The laws of the Territory
8. Operation of existing laws etc.
8A. Application of Western Australian laws
8B. Minister must table lists of applied Western Australian
Acts
8C. House may terminate application of Western Australian
Acts in the Territory
8D. Extension of period for giving notice of motion to
terminate WA Act
8E. Application of Commonwealth Acts
8F. Application of the Industrial Relations Act 1988
8G. Powers and functions under the applied Western
Australian laws
8H. Arrangements with the Government of Western Australia
8I. Savings
Division 2 - Legislative Powers of the
Governor-General
12. Legislative powers of Governor-General
13. Laying of Ordinances before the Parliament
13A. Ordinance not to be re-made while required to be tabled
13B. Ordinance not to be re-made while subject to
disallowance
13C. Disallowed Ordinance not to be re-made unless
resolution rescinded or House approves
13D. Regulations, rules and by-laws
PART IV - APPLICATION OF AUSTRALIAN CITIZENSHIP
TO CERTAIN RESIDENTS OF THE TERRITORY
14A. Grant of Australian citizenship to certain persons
15. Meaning of "ordinarily resident"
PART IVA - TRIALS ON INDICTMENT
15AA. Trials on indictment to be by judge and jury
15AB. Minister may make arrangements with States
15AC. Indictment court may sit in a State
15AD. Juries outside the Territory
15AE. Offences in relation to jurors
15AF. Removal of accused to State to stand trial
15AG. Accused to be conveyed to court
15AH. Return of accused to Territory
15AI. Person deemed to be prisoner under Removal of Prisoners
(Territories) Act 1923
15AJ. Person deemed to be criminal lunatic under Removal of
Prisoners (Territories) Act 1923
15AK. Repatriation of person tried in a State
PART IVAA - CONFERRAL OF TERRITORY JURISDICTION
ON WESTERN AUSTRALIAN COURTS ETC.
15AAA. Definitions
15AAB. Conferral of jurisdiction on Western Australian courts
and court officers
15AAC. Transfer of Supreme Court jurisdiction
15AAD. Transfer of pending proceedings
15AAE. Application of provisions of this Act to courts of
Western Australia
15AAF. Savings - jurisdiction of Supreme Court of the
Territory on and after transfer day
15AAG. Abolition of Supreme Court of the Territory
15AAH. Transitional provisions after abolition of Supreme
Court
15AAI. References to courts of Territory - transitional
PART V - MISCELLANEOUS
15A. Appointment of officers
16. Sittings of courts etc.
17. Grant of pardon, remission etc.
18. Continuation of Malay customs
18A. Exemption from customs duty of goods produced in the
Territory
18B. Disposal of land
19. Audit
20. Regulations
SCHEDULE
LAWS CONTINUING IN FORCE IN THE TERRITORY ON
AND AFTER 1 JULY 1992

COCOS (KEELING) ISLANDS ACT 1955 - LONG TITLE

SECT

An Act to provide for the acceptance of the Cocos or
Keeling Islands as a Territory under the Authority
of the Commonwealth and to provide for the
Government of that Territory

COCOS (KEELING) ISLANDS ACT 1955 - PREAMBLE

SECT

PREAMBLE
WHEREAS the islands named the Cocos or Keeling Islands (being the islands referred to in section 4) are governed and administered as part of the Colony of Singapore, in pursuance of the Singapore Colony Order in Council, 1955, being an Order in Council dated 1 February 1955, made by Her Majesty by virtue and in exercise of the powers vested in Her Majesty by the Imperial Acts entitled the British Settlements Acts, 1887 and 1945, and the Straits Settlements (Repeal) Act, 1946:
AND WHEREAS by the Cocos (Keeling) Islands (Request and Consent) Act 1954 the Parliament of the Commonwealth requested, and consented to, the enactment by the Parliament of the United Kingdom of an Act enabling the Queen to place the Cocos or Keeling Islands under the authority of the Commonwealth and making provision for matters incidental to the placing of those Islands under that authority:
AND WHEREAS the Government of the Commonwealth has also requested, and consented to, the enactment by the Parliament of the United Kingdom of such an Act:
AND WHEREAS by the Imperial Act entitled the Cocos Islands Act, 1955, it is provided that Her Majesty may, by Order in Council, direct that the Cocos or Keeling Islands shall, on such date as may be specified in the Order, cease to form part of the Colony of Singapore and be placed under the authority of the Commonwealth:
AND WHEREAS by the Constitution it is provided that the Parliament may make laws for the government of any territory placed by the Queen under the authority of and accepted by the Commonwealth:
BE it therefore enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

COCOS (KEELING) ISLANDS ACT 1955 - PART I
PART I - PRELIMINARY

COCOS (KEELING) ISLANDS ACT 1955 - SECT 1
Short title

SECT

1. This Act may be cited as the Cocos (Keeling) Islands Act 1955.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COCOS (KEELING) ISLANDS ACT 1955 - SECT 2
Commencement

SECT

2.*1* (1) This Act shall come into operation on a date to be fixed by Proclamation.

(2) The date so fixed shall be the date on which the Cocos or Keeling Islands cease to form part of the Colony of Singapore and are placed under the authority of the Commonwealth. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COCOS (KEELING) ISLANDS ACT 1955 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears:
"constable" means:
(a) a member or special member of the Australian Federal Police; or
(b) an officer or special officer of the police force of the Territory;
"court officer of Western Australia" means a person holding, or performing the functions or duties of, any of the following offices:
(a) any of the following offices in a court of Western Australia:
(i) Judge;
(ii) Magistrate (however described);
(iii) Master;
(iv) Registrar (however described);
(v) Clerk (however described);
(vi) Sheriff (however described);
(vii) Bailiff (however described); or
(b) any of the following offices in the Family Court of Western Australia:
(i) Marshal;
(ii) Director of Court Counselling;
(iii) Collector of Maintenance; or
(c) the office of Chairman, Deputy Chairman or nominee member of the Workers' Compensation Board of Western Australia; or
(d) any other office in respect of a court of Western Australia, being an office specified in the regulations;
"court of Western Australia" means any of the following courts or tribunals:
(a) the Supreme Court of Western Australia;
(b) the District Court of Western Australia;
(c) the Family Court of Western Australia;
(d) a Court of Petty Sessions of Western Australia;
(e) a Local Court of Western Australia;
(f) a coroners' court of Western Australia;
(g) the Children's Court of Western Australia;
(h) the Workers' Compensation Board of Western Australia;
(i) any other court or tribunal specified in the regulations;
"indictment court" means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted;
"jurisdiction" includes powers or functions;
"laws of the Territory" or "laws in force in the Territory" means the laws in force in the Territory as mentioned in section 7A;
"Ordinance" means an Ordinance made under this Act;
"prison" includes a lock-up or other place of lawful detention;
"Registrar", in relation to an indictment court, means the registrar, or a deputy registrar, of that court;
"Sheriff" means the Sheriff, or a Deputy Sheriff, of the Territory;
"State" includes a Territory other than the Territory;
"Supreme Court of the Territory" means the Supreme Court established by the Supreme Court Ordinance 1955 of the Territory;
"the Islands" means the Cocos or Keeling Islands situated in the Indian Ocean in or about latitude 12 degrees 5 minutes south and longitude 96 degrees 53 minutes east, including the Northern Island otherwise called North Keeling Island;
"the police force of the Territory" includes any police force empowered to provide police services under a law in force in the Territory;
"the proclaimed date" means the date fixed by Proclamation under section 2;
"the Territory" means the Territory of Cocos (Keeling) Islands.

(2) In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.

COCOS (KEELING) ISLANDS ACT 1955 - PART II
PART II - ACCEPTANCE OF THE ISLANDS

COCOS (KEELING) ISLANDS ACT 1955 - SECT 5
Acceptance of Cocos or Keeling Islands

SECT

5. The Islands are declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Cocos (Keeling) Islands.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 6
Transfer of rights, liabilities etc. to Commonwealth

SECT

6. (1) Subject to subsection (3), all property, rights and powers in or in connexion with the Islands, being property, rights and powers which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Singapore, or by or on behalf of the Government of the United Kingdom or of the Colony of Singapore, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.

(2) Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom or the Government of the Colony of Singapore, in or in connexion with the Islands and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.

(3) Subsections (1) and (2) do not apply to or in relation to:
(a) property, rights or powers in, or in connexion with, that part of the Islands known as Direction Island, or liabilities or obligations in respect of property in that part of the Islands;
(b) liabilities of the Colony of Singapore in respect of the payment of pensions or retiring allowances; or
(c) liabilities relating to public loans.

(4) In this section, "property" includes immovable property.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 7
Extinguishment of certain rights and restrictions under the 1886 Indenture

SECT

7. (1) The restrictions under the 1886 Indenture relating to dealings in land in the Islands are extinguished.

(2) All rights and powers reserved to and exercisable by or on behalf of the Queen under the 1886 Indenture are extinguished.

(3) In this section:
"the 1886 Indenture" means the Indenture dated 7 July 1886 that was made between Her late Majesty Queen Victoria, the Governor of the Straits Settlements and George Clunies Ross in relation to the Islands.

COCOS (KEELING) ISLANDS ACT 1955 - PART III
PART III - LAWS AND LEGISLATIVE POWERS

COCOS (KEELING) ISLANDS ACT 1955 - DIVISION 1
Division 1 - Laws of the Territory

COCOS (KEELING) ISLANDS ACT 1955 - SECT 7A
The laws of the Territory

SECT

7A. On and after 1 July 1992, the laws in force in the Territory from time to time are:
(a) Acts as in force from time to time in or in relation to the Territory on and after that day; and
(b) Ordinances made on or after that day as in force from time to time; and
(c) laws as in force in the Territory in accordance with section 8; and
(d) Western Australian laws as in force in the Territory in accordance with section 8A.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8
Operation of existing laws etc.

SECT

8. (1) A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.

(2) Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.

(3) A law specified in the Schedule may be amended or repealed by an Ordinance.

(4) In this section:
"instruments" includes regulations, rules and by-laws;
"law":
(a) includes a principle or rule of common law or equity; and
(b) does not include an Act.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8A
Application of Western Australian laws

SECT

8A. (1) Subject to this section, section 8G and Part IVAA, the provisions of the law of Western Australia (whether made before or after this section's commencement) as in force in Western Australia from time to time are in force in the Territory.

(2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.

(3) An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.

(4) To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.

(5) For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.

(6) In this section:
"provision of the law of Western Australia":
(a) includes a principle or rule of common law or equity that is part of the law of Western Australia; and
(b) does not include an Act or a provision of an Act.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8B
Minister must table lists of applied Western Australian Acts

SECT

8B. (1) The Minister must cause a list of Acts of the Western Australian Parliament ("WA Acts") to be prepared and tabled in each House of the Parliament for the following periods:
(a) the period of 3 months beginning on 1 July 1992; and
(b) each subsequent period of 6 months.

(2) The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.

(3) The list must include WA Acts whose operation has been suspended in accordance with subsection 8A (3).

(4) The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8C
House may terminate application of Western Australian Acts in the Territory

SECT

8C. (1) In this section:
"terminate" means terminate the operation of a WA Act in the Territory;
"WA Act" means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act;
"WA Acts list" means a list prepared and tabled in a House of the Parliament under section 8B.

(2) If:
(a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:
(i) within 15 sitting days after the tabling in that House of
the WA Acts list specifying that WA Act; or
(ii) if section 8D applies to that WA Act - within 3 months
after that list was tabled; and
(b) that House passes a resolution to terminate the WA Act;
then the WA Act is terminated from the time when the resolution was passed.

(3) If:
(a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:
(i) within 15 sitting days after the tabling in that House of
the WA Acts list specifying that WA Act; or
(ii) if section 8D applies to that WA Act - within 3 months
after that list was tabled; and
(b) at the expiration of 15 sitting days after the notice was given:
(i) the notice has not been withdrawn and the motion has not
been called on; or
(ii) the motion has been called on, moved and seconded and
has not been withdrawn or otherwise disposed of;
then the WA Act is terminated from the expiration of that period of 15 sitting days.

(4) If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament ("the notice House"):
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation:
(i) the notice has not been withdrawn and the motion has not
been called on; or
(ii) the motion has been called on, moved and seconded and
has not been withdrawn or otherwise disposed of;
subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.

(5) The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.

(6) If:
(a) a WA Act ("the terminated Act") is terminated under subsection (2) or (3); and
(b) the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;
the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.

(7) A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8D
Extension of period for giving notice of motion to terminate WA Act

SECT

8D. (1) This section provides for an extension of time for giving a notice of a motion ("the termination notice") in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.

(2) If:
(a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and
(b) that House passes a resolution to extend the period;
the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.

(3) If:
(a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion ("the extension notice") is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and
(b) at the expiration of 15 sitting days after the extension notice has been given in that House:
(i) the notice has not been withdrawn and the motion has not
been called on; or
(ii) the motion has been called on, moved and seconded and
has not been withdrawn or otherwise disposed of;
the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.

(4) If a notice of a motion ("the extension notice") is given in a House of the Parliament ("the notice House") for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation:
(i) the extension notice has not been withdrawn and the
motion has not been called on; or
(ii) the motion has been called on, moved and seconded and
has not been withdrawn or otherwise disposed of;
the following provisions apply:
(c) the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;
(d) the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.

(5) In this section, "terminate", "WA Act" and "WA Acts list" have the same meanings as in section 8C.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8E
Application of Commonwealth Acts

SECT

8E. (1) An Act (whether passed before or after this section's commencement) extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.

(2) Except as provided by this Act, an Ordinance has no effect so far as it purports to affect the application of an Act in or in relation to the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8F
Application of the Industrial Relations Act 1988

SECT

8F. (1) The Industrial Relations Act 1988 applies in relation to industrial disputes in the Territory as if paragraph (a) of the definition of "industrial dispute" in subsection 4 (1) of that Act were omitted and the following paragraph were substituted:
"(a) an industrial dispute (including a threatened, impending or probable industrial dispute) that is about matters pertaining to the relationship between employers and employees; or".

(2) For the purpose of subsection (1), an industrial dispute about the employment of persons employed for the performance of work wholly or mainly in the Territory is taken to be an industrial dispute in the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8G
Powers and functions under the applied Western Australian laws

SECT

8G. (1) If a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A, that power is, in relation to the Territory:
(a) subject to subsection (3), vested exclusively in the Minister; and
(b) only exercisable in accordance with this section.

(2) In subsection (1), a power vested in a person or authority by a Western Australian law includes a power vested in the Governor or Governor-in-Council of Western Australia by such a law.

(3) The Minister may, in writing:
(a) direct that a power vested in the Minister under subsection (1) is also to be vested in a specified person or authority, being a person or authority to whom subsection (7) applies; or
(b) delegate the power to a specified person, being a person to whom subsection (7) applies.

(4) A person or an authority in whom a power is vested under paragraph (3) (a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a person to whom subsection (7) applies.

(5) If a power under a Western Australian law as in force in the Territory is a power to delegate a power ("prescribed power"), the Minister or a person or an authority exercising that power under this section may delegate that prescribed power only to a person to whom subsection (7) applies.

(6) The Minister may appoint, on such terms and conditions as are determined by the Minister, such persons as the Minister considers necessary to exercise a power under this section.

(7) This subsection applies to the following persons and authorities:
(a) a person holding or exercising the powers of the office of Administrator or Deputy Administrator of the Territory under the Administration Ordinance 1975 of the Territory;
(b) a person holding or exercising the powers of an office established by an Act;
(c) a person holding or exercising the powers of an office established by a Western Australian law, or a Western Australian law as in force in the Territory under section 8A;
(d) a person holding or exercising the powers of an office established by an Ordinance or a law made under an Ordinance;
(e) an authority (whether incorporated or not) established by an Act;
(f) an authority (whether incorporated or not) established by a Western Australian law, or a Western Australian law as in force in the Territory under section 8A;
(g) an authority (whether incorporated or not) established by an Ordinance or a law made under an Ordinance;
(h) an officer or employee within the meaning of the Public Service Act 1922;
(i) a person employed under a Western Australian law, or a Western Australia law as in force in the Territory under section 8A;
(j) a person employed under the Administration Ordinance 1975 of the Territory;
(k) a person employed by an authority mentioned in paragraph (e), (f) or (g);
(l) a member of the Defence Force;
(m) a member or special member of the Australian Federal Police;
(n) a person appointed by the Minister under subsection (6).

(8) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.

(9) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law ("subordinate law") made under a Western Australian law, whether the subordinate law is made after this section's commencement or not.

(10) In this section:
"power" includes function or duty, and in that context, "exercise" means perform.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8H
Arrangements with the Government of Western Australia

SECT

8H. (1) The Commonwealth may enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.

(2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers or performance of functions or duties by an officer or authority of Western Australia in or in relation to the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8I
Savings

SECT

8I. (1) The repeal of a law of the Territory by subsection 8 (1) does not:
(a) revive anything not in force or existing at the time of the repeal; or
(b) affect the previous operation of the law, or anything duly done under or permitted by the law; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

(2) In spite of the repeal, the law continues in force for the purposes of:
(a) the institution or continuation of any investigation or legal proceeding mentioned in paragraph (1) (e); or
(b) the enforcement of any remedy mentioned in paragraph (1) (e); or
(c) the imposition of any penalty, forfeiture or punishment mentioned in paragraph (1) (e).

COCOS (KEELING) ISLANDS ACT 1955 - DIVISION 2
Division 2 - Legislative Powers of the Governor-General

COCOS (KEELING) ISLANDS ACT 1955 - SECT 12
Legislative powers of Governor-General

SECT

12. (1) The Governor-General may make Ordinances for the peace, order and good government of the Territory.

(2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13
Laying of Ordinances before the Parliament

SECT

13. (1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.

(2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.

(3) If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.

(3A) If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not
been called on; or
(ii) the motion has been called on, moved and seconded and
has not been withdrawn or otherwise disposed of;
the Ordinance shall, for the purposes of subsections (2) and (3), be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

(4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

(4A) Where:
(a) an Ordinance (in this subsection referred to as the "relevant Ordinance") is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1); and
(b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;
the disallowance of the relevant Ordinance or the operation of subsection (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (1), as the case may be, as if the relevant Ordinance had not been made.

(4B) A reference in subsection (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) to a law has a corresponding meaning.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13A
Ordinance not to be re-made while required to be tabled

SECT

13A. (1) Where an Ordinance (in this section called the "original Ordinance") has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.

(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 13 (1), before both Houses of the Parliament on the same day - that day;
(b) if the original Ordinance has been so laid before both Houses on different days - the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses - the last day on which subsection 13 (1) could have been complied with.

(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13B
Ordinance not to be re-made while subject to disallowance

SECT

13B. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 13 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 13 (3A) has applied in relation to the Ordinance.

(2) Where:
(a) because of subsection 13 (3A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 13 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 13 (3A) has applied again in relation to the Ordinance.

(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.

(4) This section does not limit the operation of section 13A or 13C.

(5) In this section:
"Ordinance" includes a part of an Ordinance.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13C
Disallowed Ordinance not to be re-made unless resolution
rescinded or House approves

SECT

13C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution - the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed - the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13D
Regulations, rules and by-laws

SECT

13D. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.

(1A) In subsection (1), a regulation made under a law in force in the Territory:
(a) does not include a regulation of Western Australia as in force in the Territory under section 8A; and
(b) includes a regulation made by a person or an authority empowered, under section 8G, to make the regulation under a Western Australian law as in force in the Territory under section 8A.

(2) Subsections 13 (2) to (4B), inclusive, and sections 13A, 13B and 13C apply in relation to regulations laid before a House of the Parliament as if, in those provisions:
(a) references to subsection 13 (1) were references to subsection (1) of this section; and
(b) references to an Ordinance were references to regulations; and
(c) references to a provision of an Ordinance were references to a regulation.

(3) In this section, "regulations" includes rules and by-laws.

COCOS (KEELING) ISLANDS ACT 1955 - PART IV
PART IV - APPLICATION OF AUSTRALIAN CITIZENSHIP
TO CERTAIN RESIDENTS OF THE TERRITORY

COCOS (KEELING) ISLANDS ACT 1955 - SECT 14A
Grant of Australian citizenship to certain persons

SECT

14A. A person (not being an Australian citizen) who:
(a) was, immediately before the proclaimed date, ordinarily resident in the Islands; and
(b) is ordinarily resident in Australia or an external Territory;
may make, in the prescribed manner, a declaration that he or she wishes to become an Australian citizen and upon registration, as prescribed, of the declaration, the person shall become an Australian citizen.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15
Meaning of "ordinarily resident"

SECT

15. For the purposes of section 14A, a person shall be deemed to be, or to have been, at a particular time, ordinarily resident in a place if, at that time:
(a) he or she has, or had, his or her home at that place; or
(b) that place is, or was, the place of his or her permanent abode notwithstanding his or her temporary absence at that time from that place;
but a person shall not be deemed to be, or to have been, resident at that time in that place if, at that time, he or she is, or was, resident in that place for a special or temporary purpose only.

COCOS (KEELING) ISLANDS ACT 1955 - PART IVA
PART IVA - TRIALS ON INDICTMENT

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AA
Trials on indictment to be by judge and jury

SECT

15AA. The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AB
Minister may make arrangements with States

SECT

15AB. The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AC
Indictment court may sit in a State

SECT

15AC. (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.

(2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:
(a) if the trial of the offence has not begun - that the trial be held in a State, and at a time and place, specified in the order; and
(b) if the trial of the offence has begun - that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.

(3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.

(4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is present but, if the accused is not present, the court shall only make the order if:
(a) the accused is represented; and
(b) the court is satisfied that the accused understands the effect of the order.

(5) Where an indictment court makes an order under subsection (2), the court may order that:
(a) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and
(b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.

(6) When exercising its criminal jurisdiction in a State, an indictment court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.

(7) A power exercised by an indictment court under subsection (6) shall be deemed to have been exercised by the court at a sittings of the court in the Territory.

(8) Where an indictment court is sitting in a State for the purpose of a trial in that State, the court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:
(a) the trial be adjourned for such time as the court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;
(b) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and
(c) the jurors empanelled for the trial go to the Territory and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.

(9) A person who appears as a witness in an indictment court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.

(10) Where:
(a) an indictment court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;
(b) a person fails to comply with that order, warrant, summons or judgment; and
(c) that failure would have constituted an offence against a law in force in the Territory if it had occurred there;
the person is guilty of an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AD
Juries outside the Territory

SECT

15AD. (1) In this section:
"jury list" means the roll, list or book, on or in which the names of persons liable to serve as jurors appear.

(2) Subject to this section and the regulations, the laws in force in a State relating to:
(a) the qualification of jurors;
(b) the preparation of jury lists and jury panels;
(c) the summoning, attendance and empanelling of juries;
(d) the number of jurors;
(e) the right of challenge;
(f) the discharge of juries;
(g) the disagreement of jurors;
(h) the remuneration of jurors; and
(j) other matters concerning jurors (other than matters dealt with under section 15AE) after they have been summoned, appointed or sworn;
that apply for the purposes of the trial of a criminal matter in the Supreme Court of that State sitting at a place in that State, extend and shall be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in an indictment court when sitting at that place.

(3) For the purposes of a trial in an indictment court held wholly or partly at a place in a State, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that State sitting in the same place shall be used as well for the purposes of the trial in the indictment court.

(4) The precept for a jury shall be issued by the Registrar, or such other person holding an office in relation to the indictment court as the court directs, and the Sheriff or such other person as the court directs shall prepare the jury panels and summon jurors.

(5) The person who has custody of the jury list referred to in subsection (3) in the State where the indictment court is holding a trial shall:
(a) give a copy of that list to the person directed by the court to prepare a jury panel; and
(b) indicate on that copy the names of the persons who, to his or her knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that State.

(6) The Commonwealth shall pay such reasonable fee as may be demanded for a copy of a list referred to in paragraph (5) (a).

(7) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in an indictment court held wholly or partly in a State shall be paid by the Commonwealth.

(8) Where a law applied by this Act for the purposes of a trial in an indictment court requires an act or thing to be done by a person specified in that law, the court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the court do that act or thing, and the law shall be deemed to apply to that person accordingly.

(9) The regulations may provide that such provisions of a law referred to in subsection (2) as are specified in the regulations do not apply or apply subject to such modifications as are specified in the regulations.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AE
Offences in relation to jurors

SECT

15AE. (1) In this section:
"juror" includes a person whose name is on a jury panel.

(2) A person who is served with a summons to attend as a juror in a trial in an indictment court held wholly or partly in a State shall not, without reasonable excuse:
(a) fail to attend in accordance with the summons; or
(b) having so attended, withdraw from the presence of the court, without the permission of the Sheriff, before being discharged or excused by a judge of the court or the Sheriff.
Penalty: $200 or imprisonment for 1 month.

(3) A person shall not personate, or attempt to personate, a person who is a juror for the purpose of sitting on a jury.
Penalty: $1,000 or imprisonment for 6 months.

(4) A person shall not:
(a) corrupt, or attempt to corrupt, a juror;
(b) except as provided by law, make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person's service as a juror, other than a payment of the ordinary remuneration of the juror's employment; or
(c) being a juror, accept such a payment or benefit.
Penalty: Imprisonment for 5 years.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AF
Removal of accused to State to stand trial

SECT

15AF. (1) Where an indictment court makes an order under paragraph 15AC (5) (a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:
(a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and
(b) by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.

(2) A warrant referred to in subsection (1) may be executed by any constable.

(3) An accused delivered into custody at a prison in a State under a warrant under subsection (1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused's detention is necessary for the execution of the order.

(4) An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.

(5) The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AG
Accused to be conveyed to court

SECT

15AG. (1) Where an accused has been removed to a State under this Act, a judge of an indictment court may order that the accused be conveyed to the court for the purposes of trial in that State, and any related proceedings.

(2) Where a judge of an indictment court makes an order under subsection (1), the person who has the custody of the accused shall release the accused to a constable to enable the accused to be conveyed to the court in accordance with that order.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AH
Return of accused to Territory

SECT

15AH. (1) Where an indictment court makes an order under paragraph 15AC (8) (b), the Registrar, a magistrate of the Territory or a person directed by the Court under that paragraph may, by warrant directed to all constables, require them to convey the accused in custody from the State in which the court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.

(2) A warrant referred to in subsection (1) may be executed by any constable.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AI
Person deemed to be prisoner under Removal of Prisoners
(Territories) Act 1923

SECT

15AI. Where:
(a) a person has been tried in relation to an indictable offence against a law in force in the Territory by an indictment court sitting in a State; and
(b) the person is convicted of that offence and sentenced to imprisonment;
the person shall be deemed:
(c) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and
(d) to have been removed to that State under that Act;
and the provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AJ
Person deemed to be criminal lunatic under Removal of Prisoners
(Territories) Act 1923

SECT

15AJ. Where a person who has been removed to a State under this Act:
(a) is found to have been insane at the time of the commission of the offence;
(b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or
(c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane;
the person shall be deemed:
(d) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and
(e) to have been removed to that State under that Act;
and sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AK
Repatriation of person tried in a State

SECT

15AK. Where:
(a) a person has been removed to a State under this Act;
(b) the trial of the person in an indictment court sitting in that State has concluded; and
(c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;
the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - PART IVAA
PART IVAA - CONFERRAL OF TERRITORY JURISDICTION
ON WESTERN AUSTRALIAN COURTS ETC.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAA
Definitions

SECT

15AAA. In this Part:
"Family Court of Western Australia" means the Court established by the Family Court Act 1975 of Western Australia;
"transfer day" means the day on which this Part commences.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAB
Conferral of jurisdiction on Western Australian courts and court
officers

SECT

15AAB. (1) Subject to this Part and any law in force in the Territory, the courts and court officers of Western Australia have jurisdiction (including appellate jurisdiction) in and in relation to the Territory as if the Territory were part of Western Australia.

(2) Subject to any law in force in the Territory, a court or court officer of Western Australia may, in exercising jurisdiction under this section, sit in the Territory or Western Australia.

(3) Subject to any law in force in the Territory, the practice and procedure applicable to a court or court officer exercising jurisdiction under this section are to be the practice and procedure as in force from time to time in relation to that court or court officer in Western Australia.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAC
Transfer of Supreme Court jurisdiction

SECT

15AAC. (1) This section applies to the jurisdiction vested in or exercisable by the Supreme Court of the Territory or a judge of that Court immediately before the transfer day, except in relation to matters for which:
(a) proceedings were pending in that Court immediately before that day; or
(b) proceedings had been completed in that Court before that day.

(2) On and after the transfer day, the jurisdiction:
(a) ceases to be vested in the Supreme Court of the Territory or a Judge of that Court; and
(b) is vested in:
(i) if the Family Court of Western Australia or a Judge of
that Court would, apart from this section, have the jurisdiction under subsection 15AAB (1) - the Family Court of Western Australia or a Judge of that Court (as the case requires); or
(ii) if the District Court of Western Australia or a Judge of
that Court would, apart from this section, have the jurisdiction under subsection 15AAB (1) - the District Court of Western Australia or a Judge of that Court (as the case requires); or
(iii) if the Children's Court of Western Australia or a Judge
of that Court would, apart from this section, have the jurisdiction under subsection 15AAB (1) - the Children's Court of Western Australia or a Judge of that Court (as the case requires); or
(iv) in any other case - the Supreme Court of Western
Australia or a Judge of that Court (as the case requires).

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAD
Transfer of pending proceedings

SECT

15AAD. (1) On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory ("Territory Court") may apply to that Court to transfer the proceedings to:
(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia - the Family Court of Western Australia; or
(b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia - the District Court of Western Australia; or
(c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children's Court of Western Australia - the Children's Court of Western Australia; or
(d) in any other case - the Supreme Court of Western Australia.

(2) If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court ("State Court") and:
(a) the State Court may hear and determine the proceedings; and
(b) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and
(c) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and
(d) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAE
Application of provisions of this Act to courts of Western Australia

SECT

15AAE. In relation to the exercise of jurisdiction by a court of Western Australia or a Judge or an officer mentioned in this Part, this Act has effect as if:
(a) a reference in this Act to an indictment court included a reference to the Supreme Court of Western Australia; and
(b) a reference in this Act to a Judge of an indictment court included a reference to a Judge of the Supreme Court of Western Australia; and
(c) a reference in this Act to the Registrar of an indictment court included a reference to a person who has the powers and functions of the Registrar of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; and
(d) a reference in this Act to the Sheriff of an indictment court included a reference to a person who has the powers and functions of the sheriff of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; and
(e) a reference in section 16 to a Territory court included a reference to a Western Australian court exercising jurisdiction in or in relation to the Territory under a law of the Territory; and
(f) a reference in paragraph 16 (c) to a person who holds an office in relation to a Territory court included a reference to a person who has the powers or duties mentioned in that paragraph in relation to the Territory under a law of the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAF
Savings - jurisdiction of Supreme Court of the Territory on and
after transfer day

SECT

15AAF. Part IVAA of this Act as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAG
Abolition of Supreme Court of the Territory

SECT

15AAG. The Supreme Court of the Territory is abolished on a day to be fixed by Proclamation, being a day on which no person holds office as a judge of that Court.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAH
Transitional provisions after abolition of Supreme Court

SECT

15AAH. (1) In this section:
"proclaimed day" means the day to be fixed by Proclamation under section 15AAG;
"State Court" means the Court to which proceedings are transferred under subsection (2);
"Territory Court" means the Supreme Court of the Territory.

(2) As soon as practicable after no person holds office as a Judge of the Territory Court, the Registrar of the Court must transfer all proceedings in the Court (including completed proceedings) to:
(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia - the Family Court of Western Australia; or
(b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia - the District Court of Western Australia; or
(c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children's Court of Western Australia - the Children's Court of Western Australia; or
(d) in any other case - the Supreme Court of Western Australia.

(3) If proceedings are transferred under subsection (2):
(a) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and
(b) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and
(c) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.

(4) If proceedings transferred under subsection (2) were not completed before the proclaimed day, the State Court may:
(a) hear, or further hear, the proceedings; and
(b) determine the proceedings; and
(c) have regard to any evidence or argument in the proceedings in the Territory Court.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15AAI
References to courts of Territory - transitional

SECT

15AAI. (1) Unless the contrary intention appears:
(a) a reference in any Act to the Supreme Court of the Territory is taken to include a reference to the Supreme Court of Western Australia exercising jurisdiction in or in relation to the Territory under this Act; and
(b) a reference in any Act to courts of the Territory is taken to include a reference to courts of Western Australia exercising jurisdiction in or in relation to the Territory under this Act.

(2) Subsection (1) does not apply to a reference in the Federal Court of Australia Act 1976.

COCOS (KEELING) ISLANDS ACT 1955 - PART V
PART V - MISCELLANEOUS

COCOS (KEELING) ISLANDS ACT 1955 - SECT 15A
Appointment of officers

SECT

15A. (1) In spite of the Public Service Act 1922, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.

(3) Nothing in this section shall be deemed to prevent the appointment or employment of persons under the Public Service Act 1922 in its application to the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 16
Sittings of courts etc.

SECT

16. (1) Provision may be made by Ordinance for and in relation to:
(a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;
(b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and
(c) where a power or duty is conferred or imposed by law on a person who holds an office in relation to a Territory court - the exercise of the power, or the performance of the duty, at places in Australia outside the Territory.

(2) A reference in subsection (1) to a Territory court is a reference to a court having jurisdiction in the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 17
Grant of pardon, remission etc.

SECT

17. (1) The Governor-General, acting with the advice of the Minister, may, by warrant under his hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.

(2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor-General, acting with the advice of the Minister, may, by warrant under his hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 18
Continuation of Malay customs

SECT

18. The institutions, customs and usages of the Malay residents of the Territory shall, subject to any law in force in the Territory from time to time, be permitted to continue in existence.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 18A
Exemption from customs duty of goods produced in the Territory

SECT

18A. Duties of Customs are not chargeable on goods imported into Australia from the Territory if the goods:
(a) are the produce or manufacture of the Territory;
(b) have been shipped in the Territory for export to Australia; and
(c) are not goods which, if manufactured or produced in Australia, would be subject to a Duty of Excise.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 18B
Disposal of land

SECT

18B. (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of a law of the Territory (including a law made before this section's commencement) under which:
(a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or
(b) instruments, receipts and other documents in relation to any such lands may be executed; or
(c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.

(2) A law of the Territory mentioned in subsection (1) which provides for the acquisition of land must provide that land is not to be acquired otherwise than on just terms.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 19
Audit

SECT

19. The accounts of the Territory are subject to inspection and audit by the Auditor-General for the Commonwealth.

COCOS (KEELING) ISLANDS ACT 1955 - SECT 20
Regulations

SECT

20. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:
(a) prescribing penalties, not exceeding a fine of $1,500 or imprisonment for 3 months, for offences against the regulations; and
(b) making saving or transitional provisions in relation to the abolition of any court established by a law of the Territory.

COCOS (KEELING) ISLANDS ACT 1955 - SCHEDULE

SCH

SCHEDULE Section 8
LAWS CONTINUING IN FORCE IN THE TERRITORY ON
AND AFTER 1 JULY 1992
Administration Ordinance 1975
Companies Ordinance (of the Colony of Singapore in its
application to the Territory)
Co-operative Societies Ordinance (of the Colony of Singapore in
its application to the Territory)
Courts Ordinance (of the Colony of Singapore in its application
to the Territory)
Interpretation Ordinance 1955
Juries Ordinance 1989
Migratory Birds Ordinance 1980
Postal Services Ordinance 1979
Quarantine and Prevention of Disease Ordinance (of the Colony
of Singapore in its application to the Territory)
Supreme Court Ordinance 1955