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Local Government (Transition) Ordinance 1992 (CI)

Authoritative Version
  • - F2006B00456
  • In force - Superseded Version
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No. 6 of 1992 Ordinances/Christmas Island 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 01 Mar 2006
Gazetted 30 Jun 1992

TERRITORY OF CHRISTMAS ISLAND

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Local Government (Transition)

Ordinance 1992

 

No. 6 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 Christmas Island Act 1958.

         Dated 30 June 1992.

 

                                                                                     BILL HAYDEN

                                                                                    Governor-General

         By His Excellency’s Command,

 

WENDY FATIN

Minister of State for the Arts and Territories

____________

 

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 Christmas Island Act 1958;

“CISC” means the Christmas Island Services Corporation established under section 3 of the Services Corporation Ordinance 1984 as in force immediately before the commencement day;

“commencement day” means the day on which section 6 of the Territories Law Reform Act 1992 commences;

“former Assembly” means the Christmas Island Assembly, constituted under the Christmas Island Assembly Ordinance 1985 as in force immediately before the commencement day;

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

“Shire” means the Christmas Island Shire.

The Christmas Island Shire

               4.   (1)  For the purposes of the Local Government Act, the Territory is a shire, named the Christmas Island Shire.

              (2)   For the purposes of subsection 9 (2) of the Local Government Act, the seal as in use by CISC 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 member of the former Assembly immediately before the commencement day is taken to be a Shire councillor; and

              (b)   the person who was the Chairman of the former Assembly 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 Assembly

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

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

              (b)   all liabilities to which the former Assembly or CISC 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:

              (a)   the Services Corporation Ordinance 1984 had not been repealed; and

              (b)   the Christmas Island Assembly Ordinance 1985 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 Assembly or CISC

               7.   For the purposes of Part VI of the Local Government Act, a person who was an employee of the former Assembly or CISC 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 Assembly or CISC; 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 Assembly or CISC, 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 1993.

References to the former Assembly or CISC

               9.   (1)  A reference to the Christmas Island Assembly 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.

              (2)   A reference to CISC in a law or an instrument referred to in subsection (1) 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.