COCOS (KEELING) ISLANDS ACT 1955
- Updated as at 22 January 1997 (HISTACT CHAP 3167 #DATE 22:1:1997)
*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 (ss. 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
-
Environment, Sport and Territories Legislation Amendment Act 1994
113, 1994 16 Sept 1994 16 Sept 1994 -
Workplace Relations and Other Legislation Amendment Act 1996
60, 1996 25 Nov 1996 Schedule 19 (item 13): Royal Assent (g)
-
(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) Islands 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).
(g) The Cocos (Keeling) Islands Act 1955 was amended by Schedule 19
(item 13) only of the Workplace Relations and Other Legislation Amendment
Act 1996, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent."
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
S. 8A ad. No. 104, 1992
am. No. 211, 1992
Ss. 8B-8E ad. No. 104, 1992
Heading to s. 8F am. No. 60, 1996
S. 8F ad. No. 104, 1992
am. No. 60, 1996
S. 8G ad. No. 104, 1992
am. No. 211, 1992; No. 113, 1994
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. WA Act
8E. Application of Commonwealth Acts
8F. Application of the Workplace Relations Act 1996
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 125south and longitude 9653east, 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 Workplace Relations Act 1996
SECT
8F. (1) The Workplace Relations Act 1996 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) vested in the Minister; and
(b) only exercisable in accordance with this section.
Note:Under section 19 of the Acts Interpretation Act 1901 a power vested in a
Minister may be exercised on his or her behalf by another Minister or member
of the Executive Council.
(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