[Index] [Search] [Download] [Related Items] [Help]
COCOS (KEELING) ISLANDS (COURTS) AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 226 OF 2006)
Select Legislative Instrument 2006 No. 226
Cocos (Keeling) Islands Act 1955
Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1)
Section 20 of the Cocos (Keeling) Islands Act 1955 ('the Act') provides in part, 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 in part, (subject to certain exceptions) that the courts and court officers of Western Australia have jurisdiction in the Territory of the Cocos (Keeling) Islands as if the Territory were part of Western Australia. Subsection 4(1) of the Act defines a 'court of Western Australia' to include 'any other court or tribunal specified in the regulations' and a 'court officer of Western Australia' to include 'any other office in respect of a court of Western Australia being an office 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 WA Department of Justice to administer the Western Australian laws in that portfolio which are applied in the Territory. The portfolio legislation includes the State Administrative Tribunal Act 2004 (WA) (CKI) and State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (WA) (CKI) which commenced in January 2005. In order for this legislation to be effectively administered it is necessary for the jurisdiction of the Territory to be conferred on the State Administrative Tribunal.
The purpose of the Regulations is to amend the Cocos (Keeling) Islands (Courts) Regulations 1993 to:
Details of the Regulations are as follows.
Regulation 1 -- Name of Regulations
This regulation provides that the title of the Regulations is the Cocos (Keeling) Islands (Courts) Amendment Regulations 2006 (No. 1).
Regulation 2 - Commencement
This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 - Amendments
This regulation provides that the Cocos (Keeling) Islands (Courts) Regulations 1993 ('the Principal Regulations') are amended as set out in the Schedule.
Schedule 1 - Amendments