Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the authority of the Minister for the Environment, Sport and Territories

Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands (Courts) Regulations

Section 20 of the Cocos (Keeling) Islands Act 1955 (CKI Act) provides for the Governor-General to make regulations for the purposes of the Act.

Section 19 of the Territories Law Reform Act 1992 (TLR Act) and section 4 and Schedule 2 of the Territories Legislation Amendment Act 1992 (TLA Act) make a number of amendments to the CKI Act to allow for Western Australian W.A.) Courts and Tribunals to exercise jurisdiction in the Territory. The relevant provisions of the TLR Act commence on a day to be fixed by Proclamation, being 29 June 1993, and the relevant provisions of the TLA Act commence immediately after the commencement of the provisions of the TLR Act.

Section 4 of the Acts Interpretation Act 1901 has the effect that regulations may be made which depend on the commencement of the relevant provisions of the TLR Act and TLA Act, in advance of their commencement.

Schedule 2 of the TLA Act inserts in section 4 of the CKI Act, definitions of "court of Western Australia" and "court officer of Western Australia". These definitions specify certain courts, such as the Supreme Court of W.A. and certain court officers such as a Judge or Magistrate for any court and provide for the conferral of jurisdiction in the Territory on W.A. courts. The purpose of Regulations is to add new or minor courts or tribunals and their officers.

These courts are part of the initial package as per the general agreement with W.A. including prescribed courts and court officers of Western Australia, who are empowered to exercise jurisdiction in the Territory. Details of the Regulations are set out below.

Negotiations are continuing with W.A. in relation to various other bodies and officers and it is envisaged that the making of further Regulations may be recommended at a later date, depending on the outcome of these negotiations.

Details of Regulations

Regulations 1-2 are formal.

Regulation 3 prescribes the Cocos (Keeling) Islands Act 1955 as the relevant Act for the purposes of these Regulations.

Regulation 4 specifies the additional courts as referred to in paragraph (i) of the definition of "court of Western Australia" in subsection 4(1) of the Act. Paragraph (i) provides for other courts or tribunals which are not covered by the definition, to be specified by regulation. The additional courts so specified are

       the Guardianship and Administration Board established under the Guardianship and Administration Act 1990 (W.A.);

       the Appeal Costs Board established under the Suitors Fund Act 1964 (W.A.);

       the Assessor appointed under the Criminal Injuries Compensation Act 1985 (W.A.), and

       a Land Valuation Tribunal under the Land Valuation Tribunals Act 1978 (W.A.).

Regulation 5 specifies those offices in respect of the other courts of Western Australia (noted above) as referred to in paragraph (d) of the definition "court officer of Western Australia". The offices specified include

       Chairperson, Deputy Chairperson, Member and Executive Officer of the Guardianship and Administration Board;

       Chairman, Member and Secretary of the Appeal Costs Board; and

       Chairman and Member of a Land Valuation Tribunal.

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