Commonwealth Coat of Arms of Australia

 

Cocos (Keeling) Islands Legislation Amendment (Local Government, Interpretation and Other Matters) Ordinance 2025

 

Ordinance No. 237, 2025

I, the Honourable Sam Mostyn AC, GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated  13 November 2025

Sam Mostyn AC

GovernorGeneral

By Her Excellency’s Command

Kristy McBain

Minister for Regional Development, Local Government and Territories

 

 

 

 

 

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Administration Ordinance 1975

Cocos (Keeling) Islands Applied Laws Ordinance 1992

Interpretation Ordinance 1955

Supreme Court Ordinance 19551976

Schedule 2—Repeals

Companies Ordinance

 

  This Ordinance is the Cocos (Keeling) Islands Legislation Amendment (Local Government, Interpretation and Other Matters) Ordinance 2025.

 (1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Ordinance

The day after this Ordinance is registered.

19 November 2025

Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.

 (2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.

  This Ordinance is made under the Cocos (Keeling) Islands Act 1955.

  Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.

 

1  Subsection 5(3)

Repeal the subsection, substitute:

 (3) The Administrator must exercise the powers and perform the functions of the office of the Administrator in accordance with any instructions given by the Minister.

2  Subsection 6(1)

Omit “his”, substitute “the”.

3  Subsection 6(3)

Omit “shall not, in any proceedings, be questioned on the ground that the occasion for his appointment, or for the exercise of his powers or the performance of his functions”, substitute “must not, in any proceedings, be questioned on the ground that the occasion for the appointment, or for the exercise of powers or performance of functions of the office”.

4  Paragraph 7(2)(a)

Omit “his duties”, substitute “the duties of the office”.

5  Subparagraph 7(2)(b)(ii)

Omit “his powers and functions”, substitute “the powers and functions of the office”.

6  Subsection 9(1)

Omit “shall, before entering on the duties of his”, substitute “must, before entering on the duties of the”.

7  Paragraph 10(1)(a)

Omit “he”, substitute “the Minister”.

8  Schedule (oath and affirmation)

Repeal the oath and the affirmation, substitute:

Oath

  I,  , do swear by Almighty God (or the person may name a god recognised by the person’s religion) that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of (insert applicable office, such as Administrator, Acting Administrator or Deputy Administrator) of the Territory of Cocos (Keeling) Islands.

Affirmation

  I,  , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, and that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of (insert applicable office, such as Administrator, Acting Administrator or Deputy Administrator) of the Territory of Cocos (Keeling) Islands.

9  After Part 16 of Schedule 1

Insert:

Part 16A—Local Government (Constitution) Regulations 1998 (W.A.)(C.K.I.)

1  Division 4 of Schedule 2

Insert:

Shire of Cocos (Keeling) Islands

10  Section 7

Repeal the section.

11  Paragraph 8(1)(b)

Repeal the paragraph, substitute:

 (b) an Ordinance may be cited:

 (i) by its short title or name; or

 (ii) if it was numbered as mentioned in former section 7 of this Ordinance—by reference to the secular year in which it was made and its number; and

12  Subsection 8(3)

Omit “Queen’s”, substitute “Sovereign’s”.

13  Paragraph 8A(a)

After “title”, insert “or name”.

14  Section 16

Repeal the section, substitute:

  Regulations and rules (including rules of court) may be cited:

 (a) by their name; or

 (b) if they were numbered as mentioned in former subsection 16(1) of this Ordinance—by reference to the secular year in which notice of their making was published and their number.

15  Paragraph 19(1)(b)

Omit “Her Majesty’s Armed Forces, or a part of those Forces,”, substitute “the Sovereign’s armed forces, or a part of those forces,”.

16  Section 1

Omit “19551976”, substitute “1955”.

17  The Schedule (oath and affirmation)

Repeal the oath and the affirmation, substitute:

Oath

  I,  , do swear by Almighty God (or the person may name a god recognised by the person’s religion) that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of (insert applicable office, such as Judge or additional Judge) of the Supreme Court of the Territory of Cocos (Keeling) Islands and that I will do right to all manner of people according to law, without fear or favour, affection or illwill.

Affirmation

  I,  , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of (insert applicable office, such as Judge or additional Judge) of the Supreme Court of the Territory of Cocos (Keeling) Islands and that I will do right to all manner of people according to law, without fear or favour, affection or illwill.

 

1  The whole of the Ordinance

Repeal the Ordinance.