TERRITORY OF COCOS (KEELING) ISLANDS

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Interpretation (Amendment) Ordinance 1992

No. 3 of 1992

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, 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 amend the Interpretation Ordinance 1955

1. Short title

1.1 This Ordinance may be cited as the Interpretation (Amendment) Ordinance 1992.1

2. Commencement

2.1 This Ordinance commences on 1 July 1992.

3. Amendment

3.1 The Interpretation Ordinance 1955 2 is amended as set out in this Ordinance.

4. Section 2

4.1 Repeal the section.

5. Section 4 (Application of Ordinance)

5.1 Subsection 4 (1)

Omit the subsection, substitute:

“4. (1) Except where the contrary intention appears, this Ordinance applies to all Ordinances including this Ordinance.”.

6. New section 4a

6.1 After section 4, insert:

Western Australian Acts

“4a. (1) A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)” is a reference to the Act as in force in Western Australia.

“(2) A reference in an Ordinance to the short title of a Western Australian Act, followed by “(W.A.)(C.K.I.)” is a reference to the Act as in force in the Territory in accordance with section 8a of the Act.”.

7. Section 5 (Interpretation)

7.1 Subsection 5 (1):

Omit the following definitions:

“‘District Court’, ‘District Judge’ ‘oath of office’ or ‘official oath’, ‘Ordinance’ and ‘Ordinance of the Colony of Singapore’ ”.

7.2 Subsection 5 (1):

Insert the following definitions:

“‘applied law’ means a law of Western Australia as in force in the Territory in accordance with section 8a of the Act;

‘Commonwealth Ordinance’ means an Ordinance made under section 12 of the Act’;

‘Ordinance’ includes:

(a) a Commonwealth Ordinance; or

(b) a Singapore Ordinance;

‘Singapore Ordinance’ means an Ordinance of the Colony of Singapore in its application to the Territory, as in force in the Territory in accordance with section 8 of the Act;

‘the Act’ means the Cocos (Keeling) Islands Act 1955;

‘Western Australian Act’ means an Act passed by the Parliament of Western Australia;”.

8. Section 9 (Judicial notice to be taken of Ordinances, &c)

8.1 Section 9:

Omit the section, substitute:

“9. (1) All courts and persons acting judicially must take judicial notice of–

(a) a Commonwealth Ordinance; and

(b) an applied law; and

(d) an Ordinance of the Colony of Singapore as defined in subsection (2); and

(e) regulations, rules, rules of court, by-laws, proclamations or orders or any other instruments made under a law referred to in paragraph (a), (b), (c) or (d).

“(2) In paragraph 1(d), “Ordinance of the Colony of Singapore” means:

(a) an Ordinance of the Colony of Singapore in its application to the Territory under section 8 of the Act as in force before 1 July 1992; or

(b) the provisions of an Ordinance of the Colony of Singapore applying by virtue of an Ordinance made under section 12 of the Act as a law of the Territory before 1 July 1992; or

(c) an Imperial Act or Order in Council in its application to the Territory under section 8 of the Act as in force before 1 July 1992; or

(d) an Ordinance of the Colony of the Straits Settlements in force in the Colony of Singapore immediately before the commencement of the Act or the date of its application as a law of the Territory; or

(e) a law referred to in paragraph (a), (b), (c) or (d) as amended or affected by a Commonwealth Ordinance.”.

9. New Section 18a

9.1 After section 18, insert:

“18a. (1) If, under a Singapore Ordinance, a power or function is vested in:

(a) the Governor of the Colony of Singapore; or

(b) the Governor of that Colony in Council; or

then, unless the contrary intention appears, that power or function may be exercised or performed by:

(d) the Minister; or

(e) the Governor-General.

“(2) The Minister may, by instrument, delegate a power or function vested in the Minister under subsection (1) to a person or authority to whom sub-section 8g (7) of the Act applies.

“(3) An instrument of direction or delegation in force immediately before 1 July 1992 under section 8 of the Act as in force immediately before that date continues in force as if that section had not been repealed.”.

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NOTES

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

2. No.1, 1955 as amended by No 1, 1958; No. 1, 1962; No. 3, 1964; Nos. 1 and 6, 1966; No.1, 1973; No. 2, 1975; No. 3, 1976; No. 2, 1977; No. 6, 1979; No. 4, 1980; Nos. 3 and 6, 1987.