COCOS (KEELING) ISLANDS ACT 1955 - SECT 8A Application of Western Australian laws

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8A

  (1)   Subject to this section, section   8G and Part   IVAA, Western Australian laws are in force in the Territory.

Note:   A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection   4(1)).

  (2)   To the extent that a law is in force in the Territory under subsection   ( 1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.

  (3)   An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection   ( 1) for such period as is specified in the Ordinance.

  (4)   To the extent that a law is in force in the Territory under subsection   ( 1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.

  (5)   For the purpose of subsection   ( 4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.

  (6)   A Western Australian law :

  (a)   is a law in force in Western Australia from time to time; and

  (b)   includes a principle or rule of common law or equity that is part of the law of Western Australia; and

  (c)   does not include:

  (i)   a Commonwealth Act or a provision of a Commonwealth Act; or

  (ii)   an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.