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Local Government (Transition) Ordinance 1992 (CKI)

Authoritative Version
  • - F2006B00426
  • In force - Superseded Version
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No. 4 of 1992 Ordinances/Cocos (Keeling) Islands as made
An Ordinance to provide for the manner in which the Local Government Act 1960 of Western Australia is to apply in the Territory and for related purposes.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 05
Registered 24 Feb 2006
Gazetted 30 Jun 1992

TERRITORY OF COCOS (KEELING) ISLANDS

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Local Government (Transition)

Ordinance 1992

 

No. 4 of 1992

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

         Dated 30 June 1992.

 

                                                                                     BILL HAYDEN

                                                                                    Governor-General

         By His Excellency’s Command,

 

WENDY FATIN

Minister of State for the Arts and Territories

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An Ordinance to provide for the manner in which

the Local Government Act 1960 of Western Australia

is to apply in the Territory and for related purposes

Short title

               1.   This Ordinance may be cited as the Local Government (Transition) Ordinance 1992 1.

Commencement

               2.   This Ordinance commences on 1 July 1992.


Interpretation

               3.   In this Ordinance, unless the contrary intention appears:

“Act” means the Cocos (Keeling) Islands Act 1955;

“commencement day” means the day on which section 16 of the Territories Law Reform Act 1992 commences;

“former Council” means the Cocos (Keeling) Islands Council, constituted under the repealed Ordinance;

“Local Government Act” means the Local Government Act 1960 (W.A.) (C.K.I.);

“repealed Ordinance” means the Local Government Ordinance 1979 as in force immediately before the commencement day;

“Shire” means the Cocos (Keeling) Islands Shire.

The Cocos (Keeling) Islands Shire

               4.   (1)  For the purposes of the Local Government Act, the Territory is a shire, named the Cocos (Keeling) Islands Shire.

              (2)   For the purposes of subsection 9 (2) of the Local Government Act, the common seal as in use by the former Council immediately before the commencement day is the common seal of the Shire.

The Shire council —interim membership

               5.   (1)  For the purposes of subparagraph 9 (5) (b) (ii) of the Local Government Act:

              (a)   each person who was a councillor of the former Council immediately before the commencement day is taken to be a Shire councillor; and

              (b)   the person who was the Chairman of the former Council immediately before the commencement day is taken to be the president of the Shire council.

              (2)   If:

              (a)   the office of a Shire councillor becomes vacant; and

              (b)   no provisions for filling a casual vacancy in the Shire council are in force under the Local Government Act;

the Minister may appoint a person in writing as a Shire councillor.


              (3)   Paragraphs 65 (1) (c) and (d) and 67 (1) (d) and (f) of the Local Government Act do not apply to:

              (a)   a person referred to in subsection 5 (1); or

              (b)   a person appointed by the Minister.

Assets, liabilities, rights and obligations of the former Council

               6.   (1)  On the commencement of the Territories Law Reform Act 1992:

              (a)   all property and rights vested in the former Council immediately before the commencement day vest in the Shire council; and

              (b)   all liabilities to which the former Council was subject immediately before the commencement day become liabilities of the Shire council.

              (2)   The Shire council may enforce any rights and deal with any liabilities as if the repealed Ordinance had not been repealed.

              (3)   The Commonwealth may assume any of the Shire council’s property, rights or liabilities with the agreement in writing of the Shire council.

Employees of the former Council

               7.   For the purposes of Part VI of the Local Government Act, a person who was an employee of the former Council immediately before the commencement day is taken:

              (a)   to have been appointed by the Shire council under subsection 157 (2) of the Local Government Act as an officer of the council with effect from the commencement day; and

              (b)   to have been appointed on the same terms and conditions as those that applied to him or her, immediately before the commencement day, as an employee of the former Council; and

              (c)   to have accrued any entitlement to benefits, in connection with his or her engagement by the Shire council, that is equivalent to the entitlement that he or she had accrued, as an employee of the former Council, immediately before the commencement day.


Suspension of operation of provisions of the Local Government Act

               8.   For the purposes of subsection 8a (3) of the Act:

              (a)   the operation of the following provisions of the Local Government Act is suspended until the end of 31 December 1992:

                           (i)   Part IV;

                          (ii)   Divisions 11, 12, 15, 16 and 20 of Part XV;

                         (iii)   subsection 533 (2);

                         (iv)   Division 4 of Part XXV;

                          (v)   Divisions 2 and 3 of Part XXVI; and

              (b)   the operation of regulations made under the Local Government Act is suspended until the end of 30 June 199 3.

References to the former Council

               9.   A reference to the Cocos (Keeling) Islands Council in:

              (a)   a law (other than this Ordinance) in force in the Territory on the commencement day; or

              (b)   an instrument made under a law of that kind;

is taken to be a reference to the Shire council.

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NOTE

1.     Notified in the Commonwealth of Australia Gazette on  30 June 1992.