Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 2004 No. 48

Issued by the Authority of the Minister for Local Government, Territories and Roads

Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands (Courts) Amendment Regulations 2004 (No. 1)

Section 20 of the Cocos (Keeling) Islands Act 1955 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 15AAB of the Act provides that the courts and court officers of Western Australia have jurisdiction in the Territory. Section 4 of the Act defines court officer of Western Australia and court of Western Australia. Paragraph (d) of the definition of court officer of Western Australia and paragraph (i) of the definition of court of Western Australia provide that additional court offices and courts or tribunals may be specified in the regulations.

Section 8H of the Act enables the Commonwealth to enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory. The Commonwealth has entered into an arrangement with the Department of Consumer and Employment Protection of Western Australia (DOCEP) to administer the Western Australian laws in that portfolio which are applied in the Territory. The portfolio legislation sets up various tribunals which deal with the licensing and disciplining of various members of trades and professions. The tribunals and members are vested with court and court officer powers respectively. In order for the applied legislation to be effectively administered it is necessary for the jurisdiction of the Territory to be conferred on the tribunals and members.

The purpose of the Regulations is to amend the Cocos (Keeling) Islands (Courts) Regulations to include the relevant tribunals and members from the DOCEP portfolio legislation in the definitions of court of Western Australia and court officer of Western Australia respectively in section 4 of the Act.

Details of the proposed Regulations are as follows.

Regulation 1 provides that the name of the Regulations is the Cocos (Keeling) Islands (Courts) Amendment Regulations 2004 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Cocos (Keeling) Islands (Courts) Regulations.

Schedule 1       Amendments

Clause [1] substitutes a new Regulation 1 which italicises the title of the Regulations and includes in the citation the year the Regulations were made (1993).

Clause [2] omits paragraph 4(o) and substitutes paragraphs (o) to (u) to include six additional tribunals for the purposes of the definition of court of Western Australia.

Clause [3] omits paragraph 5(n) and substitutes paragraphs (n) to (t) to include court officers for the six additional tribunals specified by clause [2].


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