COCOS (KEELING) ISLANDS ACT 1955 - NOTES

COCOS (KEELING) ISLANDS ACT 1955 - NOTES

No. 34, 1955

Compilation No. 13

Compilation date: 18 December 2020

Includes amendments up to: Act No. 154, 2020

Registered: 9 February 2021

About this compilation

This compilation

This is a compilation of the Cocos (Keeling) Islands Act 1955 that shows the text of the law as amended and in force on 18 December 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

4 Interpretation

4A Application of the Criminal Code

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 Extension of period for giving notice of motion to terminate WA Act

8E Application of Commonwealth Acts

8G Powers under the applied Western Australian laws

8GA Applied Western Australian laws--effect of directions or delegations

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 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

19A Ordinances--incorporation of matters by reference

20 Regulations

Schedule--Laws continuing in force in the Territory on and after 1 July 1992

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Editorial changes

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

(f) Subsection 2(2) of the Territories Legislation Amendment Act 1992 provides as follows:

 (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.

(h) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1 and 2) of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

 (4) The items of Schedule  3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.

Endnote 4--Amendment history

Endnote 5--Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 8H(2)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 45 of the Territories Legislation Amendment Act 2020 instructs to omit "or the performance of functions or duties" from subsection 8H(2).

The words "or the performance of functions or duties" do not appear in subsection 8H(2). However, the words "or performance of functions or duties" do appear.

This compilation was editorially changed to omit the words "or performance of functions or duties" from subsection 8H(2) to give effect to the misdescribed amendment as intended.