Commonwealth Numbered Regulations - Explanatory Statements

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COCOS (KEELING) ISLANDS (COURTS) REGULATIONS (AMENDMENT) 1993 NO. 237

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 237

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

Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands (Courts) Regulations (Amendment)

Section 20 of the Cocos (Keeling) Islands Act 1955 (C.R.I. Act) provides for the Governor-General to make regulations for the purpose of giving effect to the provisions of the Act.

Section 10 of the Territories Law Reform Act 1992 (TLR Act) and section 4 and Schedule 2 of the Territories Legislation Amendment Act 1992, which commenced on 29 June 1993, made a number of amendments to the C.K.I. Act to allow for Western Australian (W.A.) Courts and Tribunals to exercise jurisdiction in the Territory.

Schedule 2 of the TLA Act inserted definitions of a "court of Western Australia" and a "court officer of Western Australia" into section 4 of the C.K.I. Act. These definitions specify certain courts such as the Supreme Court and court officers such as a Judge or Magistrate. They also allow for other courts and court officers to be added by regulations.

The Cocos (Keeling) Islands (Courts) Regulations (the Courts Regulations) prescribed a number of courts and court officers with effect from 29 June 1993. The Cocos (Reeling) Islands (Courts) Regulations (Amendment) amend the Courts Regulations to provide for further courts and court officers of W.A. to exercise jurisdiction in the Territory.

The Regulations commence on gazettal in accordance with section 48 of the Acts Interpretation Act 1901.

Details of the Regulations are set out below.

Regulations

Regulation 1 provides that the Courts Regulations are amended as set out in the Regulations.

Regulation 2 amends Regulation 4 of the Courts Regulations to prescribe additional bodies as a "court of Western Australia". The following Western Australian bodies are covered by the Regulation:

       the Commercial Tribunal;

       a Court of Disputed Returns;

       the Director of Liquor Licensing;

       the Liquor Licensing Court;

       the Retirement Villages Disputes Tribunal;

       a Small Claims Tribunal; and

       a Strata Titles Referee.

Regulation 3 amends Regulation 5 of the Courts Regulations to prescribe additional officers as a "court officer of Western Australia". The following Western Australian officers are covered by the Regulation:

       Chairman and Deputy Chairman of the Commercial Tribunal;

       member of a panel of the Commercial Tribunal;

       referee of a Small Claims Tribunal;

       retirement villages referee; and

       member of a panel of the Retirement Villages Disputes Tribunal.


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