{"id":"F2006B00507","name":"Christmas Island Applied Laws Ordinance 1992","slug":"christmas-island-applied-laws-ordinance-1992","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40691,"registerId":"commonwealth-F2006B00507-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Ordinance","content":"#### 1 Name of Ordinance\n\n This Ordinance is the Christmas Island Applied Laws Ordinance 1992.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Amendments of applied laws","content":"#### 3 Amendments of applied laws\n\n The applied laws specified in Schedule 1 are amended as set out in that Schedule.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Rules—fish resources management","content":"#### 4 Rules—fish resources management\n\n (1) The Minister may, by legislative instrument, make rules:\n (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or\n (b) to make application, saving or transitional provisions in relation to such amendments.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax.\n (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"The applied laws specified in Schedule 4 are repealed","content":"#### 6 The applied laws specified in Schedule 4 are [Repealed]\n\n The applied laws specified in Schedule 4 are repealed.","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Revival of applied laws omitted from Schedule 4 (Repealed applied laws)","content":"#### 7 Revival of applied laws omitted from Schedule 4 ([Repealed] applied laws)\n\n The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.\n\nSchedule 1—Amendments of applied laws\n\n(section 3)\n\nPart 1—Administration Act 1903 (W.A.)(C.I.)\n\n1 New section 60B\n\n1.1 After section 60A, insert:","sortOrder":4},{"sectionNumber":"60B","sectionType":"section","heading":"Territory transition","content":"#### 60B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.\n\nPart 2—Associations Incorporation Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1):\n\nInsert the following definitions:\n\n> Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.\n\n> repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.\n\n2 Section 30 (Voluntary winding up)\n\n2.1 Subsection 30(4):\n\nOmit the subsection, substitute:\n\n (4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.\n\n3 Section 31 (Winding up by Court)\n\n3.1 Subsection 31(3):\n\nOmit the subsection, substitute:\n\n (3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.\n\n4 New sections 48A, 48B and 48C\n\n4.1 After section 48, insert:","sortOrder":5},{"sectionNumber":"48A","sectionType":"section","heading":"Territory savings and transition","content":"#### 48A Territory savings and transition\n\n (1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act.\n (2) If, immediately before 1 July 1992:\n (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or\n (b) a debt, liability or obligation of the association in favour of another person existed;\n then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed.\n (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.","sortOrder":6},{"sectionNumber":"48B","sectionType":"section","heading":"48B","content":"#### 48B\n\n An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.","sortOrder":7},{"sectionNumber":"48C","sectionType":"section","heading":"48C","content":"#### 48C\n\n If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.\n\nPart 3—Bread Act 1982 (W.A.)(C.I.)\n\n1 New section 17A\n\n1.1 After section 17, insert:","sortOrder":8},{"sectionNumber":"17A","sectionType":"section","heading":"Territory transition","content":"#### 17A Territory transition\n\n If a baker who is required to hold a licence under this Act:\n (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.\n\nPart 4—Business Names Act 1962 (W.A.)(C.I.)\n\n1 New section 5A\n\n1.1 After section 5, insert:","sortOrder":9},{"sectionNumber":"5A","sectionType":"section","heading":"Territory transition","content":"#### 5A Territory transition\n\n If a person who is required to register a business name under this Act:\n (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and\n (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)\n\n1 Section 5 (Establishment of Court)\n\n1.1 Repeal the section.\n\n2 Sections 6 to 18 (inclusive)\n\n2.1 Sections 6 to 18 (inclusive) are repealed.\n\nPart 6—Coroners Act 1996 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of reportable death:\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n1.2 Definition of reportable death (paragraph (i)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Definition of reportable death (paragraph (j)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.4 Definition of Western Australian death:\n\nOmit the definition.\n\n1.5 Insert the following definitions:\n\n> coastal sea means:\n\n (a) the territorial sea adjacent to the Territory; and\n (b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;\n and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.\n\n> Territory death means a death:\n\n (a) that occurred in the Territory or the coastal sea; or\n (b) where the body is in the Territory or the coastal sea; or\n (c) the cause of which occurred in the Territory or the coastal sea; or\n (d) of a person who was ordinarily residing in the Territory at the time of death.\n\n2 Section 22 (Jurisdiction of coroner to hold inquest into a death)\n\n2.1 Subsection 22(1):\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n3 Section 30 (Control of body)\n\n3.1 Subsection 30(1):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\nPart 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)\n\nSchedule The Criminal Code\n\n1 Section 282 (Punishment of wilful murder and murder)\n\n1.1 Paragraph 282(a):\n\nOmit ‘mandatory’.\n\n1.2 Paragraph 282(b):\n\nOmit ‘mandatory’.\n\n2 Section 400 (Definitions)\n\n2.1 Subsections 400(3) and (4):\n\nOmit the subsections.\n\n3 Section 401 (Burglary)\n\n3.1 Subsections 401(4), (5) and (6):\n\nOmit the subsections.\n\nNote: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.\n\nPart 8—Debits Tax Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------ | ----------------------------------- | ------------- |\n| Paragraph 4(1)(c) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |\n| Subsection 4(2) | Western Australia (twice occurring) | the Territory |\n\nPart 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------------------------------------------------------- | ------------------------------------------------ | ---------------- |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |\n| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |\n| Subsection 3(2) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |\n| Paragraph 3(2)(c) | Western Australia | the Territory |\n| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |\n| Subsection 8(4) | Western Australia | the Territory |\n| Subsection 11(1) | Western Australia | the Territory |\n| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Subsection 19(4) | the State of Western Australia | the Commonwealth |\n| Subsection 26(1) | the State of Western Australia | the Commonwealth |\n| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |\n| Subsection 3(1) | Western Australia (twice occurring) | the Territory |\n| Subsection 39(3) | Western Australia | the Territory |\n| Paragraph 39(3)(b) | Western Australia | the Territory |\n\nPart 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)\n\n1 Section 7 (Establishment of the Court)\n\n1.1 Repeal the section.\n\n2 Section 10 (The Judges of the Court)\n\n2.1 Repeal the section.\n\n3 Section 18 (Acting appointments)\n\n3.1 Repeal the section.\n\n4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)\n\n4.1 Repeal the section.\n\nPart 10A—Duties Act 2008 (WA) (CI)\n\n1 Section 142 (Transactions by first home owners that are concessional transactions)\n\n1.1 Subparagraph 142(1)(a)(i) and (ii):\n\nOmit the subparagraphs, substitute:\n\n (i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or\n (ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and\n\n1.2 Paragraph 142(2)(a):\n\nOmit the paragraph, substitute:\n\n (a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and\n\nPart 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)\n\n1 Section 17 (Notice of arrival of imported explosive)\n\n1.1 Subsection 17(4):\n\nOmit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.\n\nPart 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of another State):\n\nOmit ‘other than Western Australia’.\n\n1.2 After subsection 3(1), insert:\n\n (1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.\n\n2 Section 6 (Act to bind Crown)\n\n2.1 Omit the section.\n\n3 Section 11 (Financial institutions duty and short term dealings)\n\n3.1 Subsection 11(1):\n\nOmit ‘the amount comprising one‑tenth of’.\n\n3.2 Subsection 11(1):\n\nOmit ‘Australian‑based’, substitute ‘Territory’.\n\n4 Section 15 (Trust fund account)\n\n4.1 Paragraph 15(1)(a):\n\nOmit the paragraph, substitute:\n\n (a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or\n\n5 Section 27 (Returns by certified short term dealers)\n\n5.1 Subsection 27(2):\n\nOmit the subsection, substitute:\n\n (2) For subsection (1), a return must:\n (a) be in a form approved by the Commissioner; and\n (b) contain the information required by the Commissioner.\n\n6 Section 34 (Interpretation)\n\n6.1 Add at the end:\n\n (2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.\n\n7 Section 35 (Grouping of corporations)\n\n7.1 Subsection 35(1):\n\nOmit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.\n\n7.2 Subsection 35(2):\n\nOmit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.\n\n8 Section 36 (Grouping of commonly controlled businesses)\n\n8.1 Subsection 36(4):\n\nOmit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.\n\n9 Other amendments—references to Western Australia\n\n9.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------------------------------------------------------------------- | ----------------------------------- | ------------- |\n| Subsection 3(1) (definition of agent) | Western Australia (twice occurring) | the Territory |\n| Subsection 3(1) (definition of dutiable deposit) | Western Australia | the Territory |\n| Subsection 3(1) (definition of dutiable receipt) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(v)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(viii)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(i)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(iii)) | Western Australia | the Territory |\n| Subsection 3(19) | Western Australia | the Territory |\n| Paragraph 3(19e)(a) | Western Australia | the Territory |\n| Subsection 5(1) | Western Australia | the Territory |\n| Subsection 10(1) | Western Australia | the Territory |\n| Subsection 12(1) | Western Australia | the Territory |\n| Subsection 12(2) | Western Australia | the Territory |\n| Paragraph 14(6)(b) | Western Australia | the Territory |\n| Subsection 17(1) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 17(5)(b)(i) | Western Australia | the Territory |\n| Subsection 26(2) | Western Australia | the Territory |\n| Section 43 | Western Australia | the Territory |\n| Subsection 66(1) | Western Australia | the Territory |\n| Section 68 | Western Australia | the Territory |\n| Paragraph 68(c) | Western Australia | the Territory |\n| Paragraph 68(d) | Western Australia | the Territory |\n| Subsection 69(1) | Western Australia | the Territory |\n| Subsection 69(2) | Western Australia | the Territory |\n\nPart 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------- | ----------------- | ------------- |\n| Paragraph 5(5)(a) | Western Australia | the Territory |\n| Paragraph 5(5)(b) | Western Australia | the Territory |\n| Paragraph 7I(b) | Western Australia | the Territory |\n| Schedule 1 | Western Australia | the Territory |\n\nPart 14—Family Court Act 1975 (W.A.)(C.I.)\n\n1 Section 6 (Creation of the Court)\n\n1.1 Repeal the section.\n\n2 Section 9 (Appointment of Judges)\n\n2.1 Repeal the section.\n\n3 Section 11 (Acting appointments)\n\n3.1 Repeal the section.\n\nPart 15—Fish Resources Management Act 1994 (WA) (CI)\n\n1 At the end of section 42\n\nAdd:\n\n (4) The Minister of the Commonwealth who administers this Act as in force in the Territory:\n (a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and\n (b) despite subsection (3), ensure that at least one such committee is established at any time.\n\nPart 15A—Fish Resources Management Regulations 1995 (WA) (CI)\n\n1 Subregulation 3(1) (definition of day trip)\n\nRepeal the definition, substitute:\n\n> day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;\n\n2 Subregulation 3(1) (definition of one day)\n\nRepeal the definition, substitute:\n\n> one day means a period of 24 hours commencing at midnight;\n\n3 Regulation 14\n\nRepeal the regulation, substitute:","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Finfish to be landed as whole fish, or as fish trunks or fillets","content":"#### 14 Finfish to be landed as whole fish, or as fish trunks or fillets\n\n (1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is:\n (a) a whole fish; or\n (b) a fish trunk that has the skin and scales attached; or\n (c) a fillet that:\n (i) has the skin and scales attached; and\n (ii) is packaged flat; and\n (iii) is packaged so that it is easily accessible for identification; and\n (iv) if the fish is frozen—can be measured and identified without being thawed.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) Subregulation (1) does not apply to:\n (a) finfish taken for a commercial purpose in accordance with an authorisation; or\n (b) finfish on a boat if the finfish is:\n (i) being consumed; or\n (ii) prepared, or being prepared, for immediate consumption by persons on the boat.\n\n4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA\n\nRepeal the regulations.\n\n5 Subregulations 31(1) and (3)\n\nRepeal the subregulations.\n\n6 Subregulation 31(4)\n\nOmit “or (3)”.\n\n7 Paragraphs 32(1)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.\n\n8 Paragraph 36(1)(b)\n\nRepeal the paragraph.\n\n9 Subregulation 36(2B)\n\nRepeal the subregulation.\n\n10 Regulation 37\n\nRepeal the regulation, substitute:","sortOrder":11},{"sectionNumber":"37","sectionType":"section","heading":"Offences against r.36, defences for","content":"#### 37 Offences against r.36, defences for\n\n In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.\n\n11 Regulation 42\n\nRepeal the regulation.\n\n12 At the end of Division 8 of Part 4\n\nAdd:","sortOrder":12},{"sectionNumber":"64AB","sectionType":"section","heading":"Fish at Christmas Island Airport","content":"#### 64AB Fish at Christmas Island Airport\n\n (1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport:\n (a) the maximum quantity of fish that a person may possess is 10 kg;\n (b) if the fish is finfish, it must:\n (i) have the skin attached; and\n (ii) be packaged flat;\n (c) the fish must be packaged so that it is easily accessible for identification;\n (d) if the fish is frozen, it must be able to be identified without being thawed.\n (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that:\n (a) the fish were taken for a commercial purpose in accordance with an authorisation; or\n (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or\n (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178.\n (4) In this regulation:\n\n> area of Christmas Island Airport means the land within Reserve No. 46221.\n\n13 Subregulation 64E(3)\n\nRepeal the subregulation (not including the penalty).\n\n14 Subregulations 64F(1) and (2)\n\nRepeal the subregulations, substitute:\n\n (1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is:\n (a) a throw net that:\n (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and\n (ii) has a mesh of not more than 25 mm; or\n (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.\n\n15 At the end of Division 2 of Part 4A\n\nAdd:","sortOrder":13},{"sectionNumber":"64LA","sectionType":"section","heading":"Spearfishing using breathing apparatus prohibited","content":"#### 64LA Spearfishing using breathing apparatus prohibited\n\n A person must not fish with a spear or spear gun while using compressed air breathing apparatus.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n16 At the end of Division 4 of Part 4A\n\nAdd:","sortOrder":14},{"sectionNumber":"64U","sectionType":"section","heading":"Spearfishing prohibited in area of Flying Fish Cove","content":"#### 64U Spearfishing prohibited in area of Flying Fish Cove\n\n (1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n```html\n

Area where spearfishing prohibited—Flying Fish Cove

Item

Description

1

The northernmost point of the Port of Christmas Island jetty

2

Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line

3

Generally easterly along that high water line to its intersection by the eastern side of the jetty

4

Generally northerly along the eastern side of the jetty to the starting point

\n```\n\n17 Subparagraph 64W(1)(b)(i)\n\nOmit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.\n\n18 Paragraph 64W(1)(c)\n\nRepeal the paragraph.\n\n19 Regulation 64X\n\nRepeal the regulation, substitute:","sortOrder":15},{"sectionNumber":"64X","sectionType":"section","heading":"Counting pieces of fish for bag limits","content":"#### 64X Counting pieces of fish for bag limits\n\n For the purpose of determining the number of fish in relation to a bag limit:\n (a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and\n (b) a piece of clam meat is taken to be equivalent to a whole clam.\n\n20 Division 2 of Part 4B\n\nRepeal the Division, substitute:","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Bag limits for Territory","content":"#### 1 Name of Ordinance\n\n This Ordinance is the Christmas Island Applied Laws Ordinance 1992.\n\n#### 3 Amendments of applied laws\n\n The applied laws specified in Schedule 1 are amended as set out in that Schedule.\n\n#### 4 Rules—fish resources management\n\n (1) The Minister may, by legislative instrument, make rules:\n (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or\n (b) to make application, saving or transitional provisions in relation to such amendments.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax.\n (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.\n\n#### 6 The applied laws specified in Schedule 4 are repealed\n\n The applied laws specified in Schedule 4 are repealed.\n\n#### 7 Revival of applied laws omitted from Schedule 4 (Repealed applied laws)\n\n The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.\n\nSchedule 1—Amendments of applied laws\n\n(section 3)\n\nPart 1—Administration Act 1903 (W.A.)(C.I.)\n\n1 New section 60B\n\n1.1 After section 60A, insert:\n\n#### 60B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.\n\nPart 2—Associations Incorporation Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1):\n\nInsert the following definitions:\n\n> Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.\n\n> repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.\n\n2 Section 30 (Voluntary winding up)\n\n2.1 Subsection 30(4):\n\nOmit the subsection, substitute:\n\n (4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.\n\n3 Section 31 (Winding up by Court)\n\n3.1 Subsection 31(3):\n\nOmit the subsection, substitute:\n\n (3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.\n\n4 New sections 48A, 48B and 48C\n\n4.1 After section 48, insert:\n\n#### 48A Territory savings and transition\n\n (1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act.\n (2) If, immediately before 1 July 1992:\n (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or\n (b) a debt, liability or obligation of the association in favour of another person existed;\n then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed.\n (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.\n\n#### 48B\n\n An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.\n\n#### 48C\n\n If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.\n\nPart 3—Bread Act 1982 (W.A.)(C.I.)\n\n1 New section 17A\n\n1.1 After section 17, insert:\n\n#### 17A Territory transition\n\n If a baker who is required to hold a licence under this Act:\n (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.\n\nPart 4—Business Names Act 1962 (W.A.)(C.I.)\n\n1 New section 5A\n\n1.1 After section 5, insert:\n\n#### 5A Territory transition\n\n If a person who is required to register a business name under this Act:\n (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and\n (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)\n\n1 Section 5 (Establishment of Court)\n\n1.1 Repeal the section.\n\n2 Sections 6 to 18 (inclusive)\n\n2.1 Sections 6 to 18 (inclusive) are repealed.\n\nPart 6—Coroners Act 1996 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of reportable death:\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n1.2 Definition of reportable death (paragraph (i)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Definition of reportable death (paragraph (j)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.4 Definition of Western Australian death:\n\nOmit the definition.\n\n1.5 Insert the following definitions:\n\n> coastal sea means:\n\n (a) the territorial sea adjacent to the Territory; and\n (b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;\n and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.\n\n> Territory death means a death:\n\n (a) that occurred in the Territory or the coastal sea; or\n (b) where the body is in the Territory or the coastal sea; or\n (c) the cause of which occurred in the Territory or the coastal sea; or\n (d) of a person who was ordinarily residing in the Territory at the time of death.\n\n2 Section 22 (Jurisdiction of coroner to hold inquest into a death)\n\n2.1 Subsection 22(1):\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n3 Section 30 (Control of body)\n\n3.1 Subsection 30(1):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\nPart 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)\n\nSchedule The Criminal Code\n\n1 Section 282 (Punishment of wilful murder and murder)\n\n1.1 Paragraph 282(a):\n\nOmit ‘mandatory’.\n\n1.2 Paragraph 282(b):\n\nOmit ‘mandatory’.\n\n2 Section 400 (Definitions)\n\n2.1 Subsections 400(3) and (4):\n\nOmit the subsections.\n\n3 Section 401 (Burglary)\n\n3.1 Subsections 401(4), (5) and (6):\n\nOmit the subsections.\n\nNote: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.\n\nPart 8—Debits Tax Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------ | ----------------------------------- | ------------- |\n| Paragraph 4(1)(c) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |\n| Subsection 4(2) | Western Australia (twice occurring) | the Territory |\n\nPart 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------------------------------------------------------- | ------------------------------------------------ | ---------------- |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |\n| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |\n| Subsection 3(2) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |\n| Paragraph 3(2)(c) | Western Australia | the Territory |\n| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |\n| Subsection 8(4) | Western Australia | the Territory |\n| Subsection 11(1) | Western Australia | the Territory |\n| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Subsection 19(4) | the State of Western Australia | the Commonwealth |\n| Subsection 26(1) | the State of Western Australia | the Commonwealth |\n| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |\n| Subsection 3(1) | Western Australia (twice occurring) | the Territory |\n| Subsection 39(3) | Western Australia | the Territory |\n| Paragraph 39(3)(b) | Western Australia | the Territory |\n\nPart 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)\n\n1 Section 7 (Establishment of the Court)\n\n1.1 Repeal the section.\n\n2 Section 10 (The Judges of the Court)\n\n2.1 Repeal the section.\n\n3 Section 18 (Acting appointments)\n\n3.1 Repeal the section.\n\n4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)\n\n4.1 Repeal the section.\n\nPart 10A—Duties Act 2008 (WA) (CI)\n\n1 Section 142 (Transactions by first home owners that are concessional transactions)\n\n1.1 Subparagraph 142(1)(a)(i) and (ii):\n\nOmit the subparagraphs, substitute:\n\n (i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or\n (ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and\n\n1.2 Paragraph 142(2)(a):\n\nOmit the paragraph, substitute:\n\n (a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and\n\nPart 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)\n\n1 Section 17 (Notice of arrival of imported explosive)\n\n1.1 Subsection 17(4):\n\nOmit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.\n\nPart 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of another State):\n\nOmit ‘other than Western Australia’.\n\n1.2 After subsection 3(1), insert:\n\n (1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.\n\n2 Section 6 (Act to bind Crown)\n\n2.1 Omit the section.\n\n3 Section 11 (Financial institutions duty and short term dealings)\n\n3.1 Subsection 11(1):\n\nOmit ‘the amount comprising one‑tenth of’.\n\n3.2 Subsection 11(1):\n\nOmit ‘Australian‑based’, substitute ‘Territory’.\n\n4 Section 15 (Trust fund account)\n\n4.1 Paragraph 15(1)(a):\n\nOmit the paragraph, substitute:\n\n (a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or\n\n5 Section 27 (Returns by certified short term dealers)\n\n5.1 Subsection 27(2):\n\nOmit the subsection, substitute:\n\n (2) For subsection (1), a return must:\n (a) be in a form approved by the Commissioner; and\n (b) contain the information required by the Commissioner.\n\n6 Section 34 (Interpretation)\n\n6.1 Add at the end:\n\n (2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.\n\n7 Section 35 (Grouping of corporations)\n\n7.1 Subsection 35(1):\n\nOmit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.\n\n7.2 Subsection 35(2):\n\nOmit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.\n\n8 Section 36 (Grouping of commonly controlled businesses)\n\n8.1 Subsection 36(4):\n\nOmit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.\n\n9 Other amendments—references to Western Australia\n\n9.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------------------------------------------------------------------- | ----------------------------------- | ------------- |\n| Subsection 3(1) (definition of agent) | Western Australia (twice occurring) | the Territory |\n| Subsection 3(1) (definition of dutiable deposit) | Western Australia | the Territory |\n| Subsection 3(1) (definition of dutiable receipt) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(v)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(viii)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(i)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(iii)) | Western Australia | the Territory |\n| Subsection 3(19) | Western Australia | the Territory |\n| Paragraph 3(19e)(a) | Western Australia | the Territory |\n| Subsection 5(1) | Western Australia | the Territory |\n| Subsection 10(1) | Western Australia | the Territory |\n| Subsection 12(1) | Western Australia | the Territory |\n| Subsection 12(2) | Western Australia | the Territory |\n| Paragraph 14(6)(b) | Western Australia | the Territory |\n| Subsection 17(1) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 17(5)(b)(i) | Western Australia | the Territory |\n| Subsection 26(2) | Western Australia | the Territory |\n| Section 43 | Western Australia | the Territory |\n| Subsection 66(1) | Western Australia | the Territory |\n| Section 68 | Western Australia | the Territory |\n| Paragraph 68(c) | Western Australia | the Territory |\n| Paragraph 68(d) | Western Australia | the Territory |\n| Subsection 69(1) | Western Australia | the Territory |\n| Subsection 69(2) | Western Australia | the Territory |\n\nPart 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------- | ----------------- | ------------- |\n| Paragraph 5(5)(a) | Western Australia | the Territory |\n| Paragraph 5(5)(b) | Western Australia | the Territory |\n| Paragraph 7I(b) | Western Australia | the Territory |\n| Schedule 1 | Western Australia | the Territory |\n\nPart 14—Family Court Act 1975 (W.A.)(C.I.)\n\n1 Section 6 (Creation of the Court)\n\n1.1 Repeal the section.\n\n2 Section 9 (Appointment of Judges)\n\n2.1 Repeal the section.\n\n3 Section 11 (Acting appointments)\n\n3.1 Repeal the section.\n\nPart 15—Fish Resources Management Act 1994 (WA) (CI)\n\n1 At the end of section 42\n\nAdd:\n\n (4) The Minister of the Commonwealth who administers this Act as in force in the Territory:\n (a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and\n (b) despite subsection (3), ensure that at least one such committee is established at any time.\n\nPart 15A—Fish Resources Management Regulations 1995 (WA) (CI)\n\n1 Subregulation 3(1) (definition of day trip)\n\nRepeal the definition, substitute:\n\n> day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;\n\n2 Subregulation 3(1) (definition of one day)\n\nRepeal the definition, substitute:\n\n> one day means a period of 24 hours commencing at midnight;\n\n3 Regulation 14\n\nRepeal the regulation, substitute:\n\n#### 14 Finfish to be landed as whole fish, or as fish trunks or fillets\n\n (1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is:\n (a) a whole fish; or\n (b) a fish trunk that has the skin and scales attached; or\n (c) a fillet that:\n (i) has the skin and scales attached; and\n (ii) is packaged flat; and\n (iii) is packaged so that it is easily accessible for identification; and\n (iv) if the fish is frozen—can be measured and identified without being thawed.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) Subregulation (1) does not apply to:\n (a) finfish taken for a commercial purpose in accordance with an authorisation; or\n (b) finfish on a boat if the finfish is:\n (i) being consumed; or\n (ii) prepared, or being prepared, for immediate consumption by persons on the boat.\n\n4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA\n\nRepeal the regulations.\n\n5 Subregulations 31(1) and (3)\n\nRepeal the subregulations.\n\n6 Subregulation 31(4)\n\nOmit “or (3)”.\n\n7 Paragraphs 32(1)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.\n\n8 Paragraph 36(1)(b)\n\nRepeal the paragraph.\n\n9 Subregulation 36(2B)\n\nRepeal the subregulation.\n\n10 Regulation 37\n\nRepeal the regulation, substitute:\n\n#### 37 Offences against r.36, defences for\n\n In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.\n\n11 Regulation 42\n\nRepeal the regulation.\n\n12 At the end of Division 8 of Part 4\n\nAdd:\n\n#### 64AB Fish at Christmas Island Airport\n\n (1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport:\n (a) the maximum quantity of fish that a person may possess is 10 kg;\n (b) if the fish is finfish, it must:\n (i) have the skin attached; and\n (ii) be packaged flat;\n (c) the fish must be packaged so that it is easily accessible for identification;\n (d) if the fish is frozen, it must be able to be identified without being thawed.\n (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that:\n (a) the fish were taken for a commercial purpose in accordance with an authorisation; or\n (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or\n (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178.\n (4) In this regulation:\n\n> area of Christmas Island Airport means the land within Reserve No. 46221.\n\n13 Subregulation 64E(3)\n\nRepeal the subregulation (not including the penalty).\n\n14 Subregulations 64F(1) and (2)\n\nRepeal the subregulations, substitute:\n\n (1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is:\n (a) a throw net that:\n (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and\n (ii) has a mesh of not more than 25 mm; or\n (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.\n\n15 At the end of Division 2 of Part 4A\n\nAdd:\n\n#### 64LA Spearfishing using breathing apparatus prohibited\n\n A person must not fish with a spear or spear gun while using compressed air breathing apparatus.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n16 At the end of Division 4 of Part 4A\n\nAdd:\n\n#### 64U Spearfishing prohibited in area of Flying Fish Cove\n\n (1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n```html\n

Area where spearfishing prohibited—Flying Fish Cove

Item

Description

1

The northernmost point of the Port of Christmas Island jetty

2

Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line

3

Generally easterly along that high water line to its intersection by the eastern side of the jetty

4

Generally northerly along the eastern side of the jetty to the starting point

\n```\n\n17 Subparagraph 64W(1)(b)(i)\n\nOmit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.\n\n18 Paragraph 64W(1)(c)\n\nRepeal the paragraph.\n\n19 Regulation 64X\n\nRepeal the regulation, substitute:\n\n#### 64X Counting pieces of fish for bag limits\n\n For the purpose of determining the number of fish in relation to a bag limit:\n (a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and\n (b) a piece of clam meat is taken to be equivalent to a whole clam.\n\n20 Division 2 of Part 4B\n\nRepeal the Division, substitute:\n\n### Division 2—Bag limits for Territory\n\n#### 64Y Territory bag limits\n\n For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.\n\n21 Subregulation 117(1)\n\nAfter “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.\n\n22 At the end of subregulation 121(1)\n\nAdd “granted under regulation 122 as it applies in the Territory”.\n\n23 Division 2 of Part 11\n\nRepeal the Division.\n\n24 Regulation 156 (table)\n\nAfter “64AA(2B),”, insert “64AB, 64LA, 64U,”.\n\n25 Part 1 of Schedule 2\n\nOmit:\n\n Billfish (marlins, sailfish and spearfish).\n\n26 Part 1 of Schedule 2\n\nOmit “and Rays, other than sharks or rays that are totally protected fish”.\n\n27 Part 2 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 2—Totally protected fish\n\n### Division 1—Certain reproducing crustaceans\n\n```html\n

Totally protected fish—reproducing crustaceans

Item

Description of totally protected fish

1

Female crab with eggs or spawn attached beneath its body

2

Female rock lobster with eggs or spawn attached beneath its body

\n```\n\n### Division 2—Miscellaneous\n\n```html\n

Totally protected fish—miscellaneous

Item

Description of totally protected fish

1

Clams

2

Cod, Potato

3

Cod, White Banded

4

Coral and Live Rock

5

Coral Trout

6

Groper, Queensland

7

Parrotfish, Humphead

8

Rays

9

Wrasse, Humphead Maori

\n```\n\n28 Part 3 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 3—Recreationally protected fish\n\nNote: This Part is reserved for future use.\n\n29 Schedule 3\n\nRepeal the Schedule, substitute:\n\nSchedule 3—Bag limits\n\nNote: See regulation 64Y.\n\n## Part 1—Pelagic species\n\n```html\n

Bag limits for pelagic species

Item

Fish

Species, or group of species, bag limit

1

Barracuda

4

2

Billfish and Swordfish

4

3

Dolphinfish (Mahi Mahi)

4

4

Tuna (all species except Dogtooth Tuna)

4

5

Tuna, Dogtooth

1

6

Wahoo

4

7

All species in items 1 to 6, combined

4

\n```\n\n## Part 2—Demersal species\n\n```html\n

Bag limits for demersal species

Item

Fish

Species, or group of species, bag limit

1

All of the following:

(a) Cod (Groupers) (except totally protected species);

(b) Emperors;

(c) Sepat, Red and Black;

(d) Snappers;

(e) Trevally

15

\n```\n\n## Part 3—Crustaceans and molluscs\n\n```html\n

Bag limits for crustaceans and molluscs

Item

Fish

Species, or group of species, bag limit

1

Rock Lobster

4

\n```\n\n30 Schedule 4\n\nRepeal the Schedule, substitute:\n\nSchedule 4—Categories of Fish\n\nNote: See regulation 180.\n\n## Part 1—Category 1 fish\n\n```html\n

Category 1 fish

Item

Type of fish

1

Billfish

2

Bonefish

3

Clams

4

Cod, Potato

5

Cod, White Banded

6

Coral

7

Coral Trout

8

Coronation Trout

9

Crab, Mud

10

Dolphinfish (Mahi Mahi)

11

Groper, Queensland

12

Live Rock

13

Parrotfish, Humphead

14

Rays

15

Rock Lobster

16

Sharks

17

Swordfish

18

Tuna (all species)

19

Wahoo

20

Wrasse, Humphead Maori

\n```\n\n## Part 2—Category 2 fish\n\n```html\n

Category 2 fish

Item

Type of fish

1

Cod (Groupers) (except species listed as category 1 fish)

2

Emperors

3

Parrotfish (except Humphead Parrotfish)

4

Sepat, Red and Black

5

Snappers

6

Trevally

\n```\n\n## Part 3—Category 3 fish\n\n```html\n

Category 3 fish

Item

Type of fish

1

Milkfish

2

Mullet, Diamond Scale

3

Mullet, Sea

4

Silveries

\n```\n\n## Part 4—Category 4 fish\n\n```html\n

Category 4 fish

Item

Type of fish

1

Any species of fish not specified in this Schedule to be category 1 fish, category 2 fish or category 3 fish

\n```\n\n31 Schedule 7\n\nRepeal the Schedule, substitute:\n\nSchedule 7—List of common and scientific names\n\nNote: See subregulation 3(2).\n\n```html\n

Common and scientific names of fish

Item

Common name

Scientific name

1

Barracuda

Sphyraena spp.

2

Billfish

Family Istiophoridae

3

Bonefish

Albula spp.

4

Clam, Giant

Tridacna gigas

5

Clams

Tridacna spp.

6

Cod (Groupers)

Family Epinephelidae

7

Cod, Potato

Epinephelus tukula

8

Cod, White Banded

Anyperodon leucogrammicus

9

Coral

Class Anthozoa and Class Hydrozoa

10

Coral Trout

Plectropomus spp.

11

Coronation Trout

Variola spp.

12

Crab, Mud

Scylla spp.

13

Dolphinfish (Mahi Mahi)

Coryphaena spp.

14

Emperors

Family Lethrinidae

15

Groper, Queensland

Epinephelus lanceolatus

16

Live Rock

Family Corallinaceae, Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera and dead fish of Class Anthozoa and Class Hydrozoa

17

Milkfish

Chanos chanos

18

Mullet, Diamond Scale

Liza vaigiensis

19

Mullet, Sea

Mugil cephalus

20

Parrotfish

Subfamily Scarinae

21

Parrotfish, Humphead

Bolbometopon muricatum

22

Rays

Superorder Batoidea

23

Rock Lobster

Panulirus spp.

24

Sepat, Red and Black

Families Berycidae and Bramidae

25

Sharks

Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes

26

Shark, Whale

Rhincodon typus

27

Silveries

Gerres spp.

28

Snappers

Family Lutjanidae

29

Swordfish

Family Xiphiidae

30

Trevally

Family Carangidae

31

Tuna, Albacore

Thunnus alelunga

32

Tuna, Bigeye

Thunnus obesus

33

Tuna, Dogtooth

Gymnosarda unicolor

34

Tuna, Longtail

Thunnus tonggol

35

Tuna, Skipjack

Katsuwonus pelamis

36

Tuna, Southern Bluefin

Thunnus maccoyii

37

Tuna, Yellowfin

Thunnus albacares

38

Wahoo

Acanthocybium solandri

39

Wrasse, Humphead Maori

Cheilinus undulatus

\n```\n\n32 Schedule 9\n\nRepeal the Schedule, substitute:\n\nSchedule 9—Determining the value of fish\n\nNote: See regulation 157.\n\n```html\n

Value of fish species

Item

Species of fish

Value per unit of weight ($/kg)

Value per fish ($)

1

Barracuda

2.00

10.00

2

Billfish

2.00

100.00

3

Bonefish

8.00

24.00

4

Clam, Giant

10.00

100.00

5

Clams (except Giant Clam) (shucked)

60.00

5.00

6

Clams (except Giant Clam) (whole)

25.00

5.00

7

Cod (Groupers) (except species listed separately)

9.50

38.00

8

Cod, Potato

10.00

100.00

9

Cod, White Banded

10.00

100.00

10

Coral and Live Rock

80.00

‑

11

Coral Trout

10.00

100.00

12

Coronation Trout

8.00

24.00

13

Crab, Mud

25.00

14.00

14

Dolphinfish (Mahi Mahi)

2.00

4.00

15

Emperors

8.00

24.00

16

Groper, Queensland

10.00

100.00

17

Milkfish

4.50

3.00

18

Mullet, Diamond Scale

4.50

3.00

19

Mullet, Sea

4.50

3.00

20

Parrotfish (except Humphead Parrotfish)

6.00

12.00

21

Parrotfish, Humphead

25.00

100.00

22

Rock Lobster

30.00

15.00

23

Sepat, Red and Black

8.00

24.00

24

Sharks and rays (except Whale Shark)

6.00

90.00

25

Shark, Whale

10.00

500.00

26

Silveries

4.50

3.00

27

Snappers

8.00

24.00

28

Swordfish

2.00

100.00

29

Trevally

3.50

8.00

30

Tuna, Dogtooth

5.00

25.00

31

Tuna (except Dogtooth Tuna)

2.00

20.00

32

Wahoo

7.00

28.00

33

Wrasse, Humphead Maori

25.00

100.00

34

All fish not otherwise listed in this Schedule

1.00

1.00

\n```\n\n33 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64E,”, insert “64LA,”.\n\n34 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64QA,”, insert “64U,”.\n\n35 At the end of Schedule 15\n\nAdd:\n\n#### 5 Zone 5: Christmas Island\n\n The Territory\n\nPart 15B—Heritage Act 2018 (WA) (CI)\n\n1 At the end of Part 10\n\nAdd:\n\n#### 113A Compensation for acquisition of property\n\n (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution of the Commonwealth) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nPart 16—Limitation Act 1935 (W.A.)(C.I.)\n\n1 Section 38A (Extended limitation period in certain circumstances)\n\n1.1 Subsection 38A(2):\n\nOmit subsection (2), substitute:\n\n (2) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;\n that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.\n\n1.2 Subsection 38A(3):\n\nOmit paragraphs (3)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.3 Subsection 38A(4):\n\nOmit subsection (4), substitute:\n\n (4) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;\n that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.\n\n1.4 Subsection 38A(5):\n\nOmit paragraphs (5)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.5 Subsection 38A(6):\n\nOmit subsection (6), substitute:\n\n (6) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992;\n the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.\n\n2 Section 47A (Protection of persons acting etc)\n\n2.1 Subsection 47A(5):\n\nOmit paragraph (5)(b), substitute:\n\n (b) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.2 Subsection 47A(6):\n\nOmit paragraph (6)(a), substitute:\n\n (a) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.3 Subsection 47A(7):\n\nOmit paragraph (7)(b), substitute:\n\n (b) the person who suffered the latent injury did not have the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n3 New section 49A\n\n3.1 After section 49, insert:\n\n#### 49A Territory transition\n\n Subject to sections 38A, 38B and 47A, nothing in this Act:\n (a) affects an action or proceeding commenced before the commencement of the Territories Law Reform Act 1992; or\n (b) enables an action or proceeding to be commenced or maintained which is barred by a law in force in the Territory that was repealed by the Territories Law Reform Act 1992; or\n (c) subject to paragraph (b), prevents the commencement and maintenance of an action or proceeding within the time allowed by a law in force in the Territory that is repealed by the Territories Law Reform Act 1992 on a cause of action which accrued before the commencement of that Act.\n\nPart 16A—Local Government (Constitution) Regulations 1998 (WA)(CI)\n\n1 Division 3 of Schedule 2\n\nInsert:\n\n Shire of Christmas Island\n\nPart 17—Medical Act 1894 (W.A.)(C.I.)\n\n1 New section 25\n\n1.1 After section 24, insert:\n\n#### 25 Territory transition\n\n If a medical practitioner who is required to be registered under this Act:\n (a) was registered or licensed to practise as a medical practitioner under a law of a State or Territory; and\n (b) practised medicine in the Territory immediately before 1 July 1992; and\n (c) applies for registration under section 11 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the medical practitioner is taken to be registered under this Act until registration is granted to the medical practitioner or the application is refused.\n\nPart 18—Mining Rehabilitation Fund Act 2012 (WA) (CI)\n\n1 At the end of section 11\n\nAdd:\n\n (4) Subsections (1) to (3) do not apply in relation to a mining authorisation if:\n (a) the holder of the authorisation is the holder because of a lease or other agreement to which the holder and the Commonwealth are parties; and\n (b) under the terms of the lease or agreement, the holder is required to pay to the Commonwealth a conservation levy.\n\nPart 20—Navigable Waters Regulations (W.A.)(C.I.)\n\n1 Section 45B\n\n1.1 Add at the end:\n\n (9) If a person who is required to register a vessel under these Regulations:\n (a) used the vessel in the Territory immediately before 1 July 1992; and\n (b) applies for registration of the vessel under these Regulations within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under these Regulations until the registration is granted or refused.\n (10) The application fees specified in subregulation (3) are not required to be paid if a person applies for registration of a vessel in accordance with subregulation (9).\n\nPart 21—Nurses Act 1968 (W.A.)(C.I.)\n\n1 New Section 42A\n\n1.1 After section 42, insert:\n\n#### 42A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised nursing in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 20 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 22—Pay‑roll Tax Act 1971 (W.A.)(C.I.)\n\n1 Section 7 (Rates for group employers)\n\n1.1 Subsection 7(3):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n1.2 Subsection 7(4):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 7(5):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.4 Paragraph 7(5)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.5 Subsection 7(6):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.6 Subsection 7(7):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.7 Paragraphs 7(7)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.8 Subsection 7(8):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.9 Paragraphs 7(8)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.10 Subsection 7(12):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\nPart 23—Pay‑roll Tax Assessment Act 1971 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.2 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 3(1) (definition of corresponding law):\n\nOmit ‘another State’, substitute ‘a State’.\n\n1.4 Subsection 3(1) (definition of employer):\n\nAfter ‘any person’, insert ‘(except the Commonwealth)’.\n\n1.5 Subsection 3(1) (definition of employer):\n\nOmit ‘the Crown in right of the State of Western Australia and includes also’.\n\n1.6 Subsection 3(1) (definition of wages):\n\nParagraph (a):\n\nOmit the paragraph.\n\n1.7 Subsection 3(3):\n\nAfter ‘Act,’, insert ‘the Territory of Cocos (Keeling) Islands,’.\n\n2 Section 6 (Wages liable to pay‑roll tax)\n\n2.1 Paragraph 6(1)(a):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n2.2 Paragraph 6(1)(a):\n\nOmit ‘one other State;’, substitute ‘a State;’.\n\n2.3 Paragraph 6(1)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n2.4 Paragraph 6(1)(b):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n2.5 Subsection 6(2):\n\nOmit ‘Western Australia or in another State),’, substitute ‘the Territory or in a State),’.\n\n2.6 Paragraph 6(2)(a):\n\nOmit ‘Western Australia—‘, substitute ‘the Territory—’.\n\n2.7 Paragraph 6(2)(a):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.8 Paragraph 6(2)(b):\n\nOmit ‘Western Australia or wholly in one other State,’, substitute ‘the Territory or wholly in a State,’.\n\n2.9 Paragraph 6(2)(b):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.10 Paragraph 6(2)(c):\n\nOmit ‘Western Australia or in another State—‘, substitute ‘the Territory or in a State—’.\n\n3 Section 41 (Public officer of company)\n\n3.1 Subsection 41(1):\n\nOmit ‘Western Australia)’, substitute ‘the Territory)’.\n\nPart 24—Pharmacy Act 1964 (W.A.)(C.I.)\n\n1 New sections 46A and 46B\n\n1.1 After section 46 insert:\n\n#### 46A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) carried on business as a pharmaceutical chemist in the Territory immediately before 1 July 1992; and\n (c) applies for registration as a pharmaceutical chemist under section 21 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\n#### 46B\n\n If:\n (a) premises required to be registered under this Act were being used as a pharmacy immediately before 1 July 1992; and\n (b) the occupier of the premises applies for registration of the premises within two months of the commencement of the Territories Law Reform Act 1992;\n the premises are taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 25—Physiotherapists Act 1950 (W.A.)(C.I.)\n\n1 New section 15A\n\n1.1 After section 15, insert:\n\n#### 15A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised physiotherapy in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 26—Podiatrists Registration Act 1984 (W.A.)(C.I.)\n\n1 New section 43A\n\n1.1 After section 43, insert:\n\n#### 43A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised podiatry in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 27—Police Act 1892 (W.A.)(C.I.)\n\n1 New section 4A\n\n1.1 After section 4, insert:\n\n#### 4A Territory transition\n\n (1) A person who was, immediately before 1 July 1992, appointed under the Police Force Ordinance 1973 is taken to be appointed under this Act, at the rank the person held under the Ordinance.\n (2) The person is taken to be employed on the same terms and conditions as applied to the person immediately before that date.\n\nPart 28—Psychologists Registration Act 1976 (W.A.)(C.I.)\n\n1 New Section 56A\n\n1.1 After section 56, insert:\n\n#### 56A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised psychology in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 24 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 29—Public and Bank Holidays Act 1972 (W.A.)(C.I.)\n\n1 Section 7 (Special public or bank holidays and half‑holidays)\n\n1.1 Subsection 7(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2 Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)\n\n2.1 Subsection 8(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2.2 Subsection 8(3):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n3 New section 8A\n\n3.1 After section 8, insert:\n\n#### 8A Gazettal of certain public or bank holidays\n\n A proclamation made under subsection 7(1) or 8(1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7(2), 8(2) or 8(3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.\n\n4 Second Schedule\n\n4.1 Omit the Schedule, substitute:\n\nSecond Schedule—Public Holidays and Bank Holidays\n\n 1. New Year’s Day (1 January)\n 2. Australia Day (26 January)\n 3. Chinese New Year’s Day (Day 1) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 4. Chinese New Year’s Day (Day 2) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 5. The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 6. Labour Day (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 7. Good Friday\n 8. Anzac Day (25 April)\n 9. The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 10. Territory Day (the first Monday in October)\n 11. Christmas Day (25 December)\n 12. Boxing Day (26 December)\n 13. If a day referred to in item 1, 3, 5, 6, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday\n 14. If a day referred to in item 4 or 12 falls on a Saturday—the immediately following Monday\n 15. If a day referred to in item 4 or 12 falls on a Sunday or Monday—the immediately following Tuesday\n\nPart 30—Public Trustee Act 1941 (W.A.)(C.I.)\n\n1 New section 37B\n\n1.1 After section 37A, insert:\n\n### Division (7) Powers and Duties of Public Trustee with respect to Territory Estates\n\n#### 37B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the administration of that estate is taken to be vested in the Public Trustee on 1 July 1992.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law of the Territory as in force in the Territory before 1 July 1992.\n\nPart 31—Registration of Births, Deaths and Marriages Act 1961 (W.A.)(C.I.)\n\n1 New section 75\n\n1.1 After section 74, insert:\n\n#### 75 Territory transition\n\n (1) Particulars of births and deaths registered under the Registration of Births and Deaths Ordinance 1971 before 1 July 1992 are taken to be particulars registered under section 10 of this Act.\n (2) Particulars of marriages registered under the Civil Marriage Ordinance are taken to be particulars registered under section 10 of this Act.\n\nPart 32—Residential Tenancies Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of clerk:\n\nOmit the definition, substitute:\n\n> clerk means the clerk, or assistant clerk, of a local court.\n\nPart 33—Registration of Deeds Act 1856 (W.A.)(C.I.)\n\n1 New section 21\n\n1.1 After section 20 , insert:\n\n#### 21 Territory transition\n\n (1) A deed registered under the Registration of Deeds Ordinance 1988 as in force at any time before 1 July 1992 is taken to have been registered under this Act on the day on which it was registered under the Ordinance.\n (2) Subsection (1) does not affect the order of priority of registration of the deed.\n\nPart 34—Road Traffic Act 1974 (W.A.)(C.I.)\n\n1 New sections 29A and 29B\n\n1.1 After section 29, insert:\n\n#### 29A Territory savings and transition—vehicle licences\n\n (1) The owner of a vehicle that was registered under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, is taken to have been granted a licence for the vehicle under this Act for the period ending when the registration period would have ended if the Ordinance had not been repealed.\n (2) If a person applied for registration, or renewal of registration of a vehicle under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If:\n (a) the registration period referred to in subsection (1) expires before 1 October 1992; and\n (b) the owner applies for a licence under this Act before that date;\n the vehicle is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 29B\n\n If the owner of a vehicle referred to in section 29A applies under this Act for a licence for the vehicle the application is taken to be an application for the renewal of a licence under section 18 of this Act.\n\n2 New sections 42AA and 42AB\n\n2.1 After section 42A, insert:\n\n#### 42AA Territory savings and transition—driver’s licences\n\n (1) If a person who is required to hold a driver’s licence under this Act held a driving licence under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, the person is taken to be licensed under this Act until that driver’s licence expires.\n (2) If a person applied for a driving licence, or renewal of a driving licence, under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If a person’s driving licence expires before 1 October 1992, and the person applies for the renewal of the licence under this Act before that date—the person is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 42AB\n\n If a person referred to in section 42AA, applies under this Act, for a driver’s licence that application is taken to be an application for the renewal of a licence under section 46 of this Act.\n\nPart 35—Road Traffic Code 1975 (W.A.)(C.I.)\n\n1 Section 1307\n\n1.1 Omit ‘1 July 1992’, substitute ‘1 January 1993.’.\n\n2 Section 1607\n\n2.1 After subsection (1), insert:\n\n ‘Subsection (1) is suspended until 1 January 1993.’.\n\nPart 36—Sentencing Act 1995 (W.A.)(C.I.)\n\n1 Section 9 (Statutory penalty: effect of)\n\n1.1 Subsection 9(1):\n\nOmit ‘Subject to subsection (4),’.\n\n1.2 Subsections 9(2), (3), (4) and (5):\n\nOmit the subsections, substitute:\n\n (2) If the statutory penalty for an offence is a fine of a particular amount, or a particular term of imprisonment, that penalty is the maximum penalty that may be imposed for the offence, and a lesser penalty of the same kind may be imposed.\n (3) If a written law specifies a mandatory penalty or a minimum penalty for an offence, a lesser penalty of the same kind may nevertheless be imposed.\n\nPart 36A—Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)(CI)\n\n1 Division 1 of Schedule 1A (after table item dealing with the port of Carnarvon)\n\nInsert:\n\n| Port of Christmas Island | The area of water and land described in the plan for the Port of Christmas Island that is included in Division 2. |\n| ------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n2 Division 2 of Schedule 1A (after the plan for the port of Carnarvon)\n\nInsert:\n\n![Map showing the Port of Christmas Island port boundary](image.002.png)\n\nPart 37—Standard Survey Marks Act 1924 (W.A.)(C.I.)\n\n1 New section 6A\n\n1.1 After section 6, insert:\n\n#### 6A Territory Transition\n\n Section 6 of this Act applies to a Permanent Survey Mark erected in the Territory before 1 July 1992 as if the Permanent Survey Mark were a standard survey mark within the meaning of that section.\n\nPart 38—Supreme Court Act 1935 (W.A.)(C.I.)\n\n1 Section 6 (The Supreme Court of Western Australia)\n\n1.1 Repeal the section.\n\n2 Section 7 (Constitution of the Court)\n\n2.1 Repeal the section.\n\n3 Section 10 (Vacancy of office, absence etc of Chief Justice)\n\n3.1 Repeal the section.\n\n4 Section 11 (Acting Judges)\n\n4.1 Repeal the section.\n\n5 Section 11A (Masters)\n\n5.1 Repeal the section.\n\n6 Section 11D (Vacancies, temporary appointments and acting appointments)\n\n6.1 Repeal the section.\n\nPart 39—Tobacco Control Act 1990 (W.A.)(C.I.)\n\n1 Part 3 Western Australian Health Promotion Foundation\n\n1.1 Repeal the Part.\n\nPart 40—Transfer of Land Act 1893 (W.A.)(C.I.)\n\n1 Section 4 (Interpretation)\n\n1.1 Definition of Crown lease:\n\nAdd at the end ‘, and includes a lease granted under section 5 of the Lands Ordinance 1987.’.\n\n2 Section 20 (Lands alienated in fee before etc)\n\n2.1 Omit ‘before the first day of July, one thousand eight hundred and seventy‑five’, substitute:\n\n‘or the Commonwealth before 1 July 1992,’.\n\n3 Section 20A (Evidence and restrictions of requisitions)\n\n3.1 Add at the end:\n\n (2) The Registrar may accept a copy of a document as evidence for the purposes of bringing land in the Territory under this Act.\n\n4 New sections 20AA, 20AB and 20B\n\n4.1 After section 20A, insert:\n\n#### 20AA Registrar may refuse to register an instrument\n\n (1) Where an instrument executed on or after 1 July 1992 and purporting to convey the fee simple of land in the Territory is lodged for registration under the Registration of Deeds Act 1856 (W.A.)(C.I.), the Registrar of Deeds under that Act may refuse to register the instrument until the purchaser or mortgagor lodges an application in accordance with section 20.\n (2) If a purchaser or mortgagor lodges an application under section 20:\n (a) the mortgagee’s consent to the making of the application, in accordance with section 20, is not required; and\n (b) section 34 does not apply to the application.\n\n#### 20AB Registrar may issue notices\n\n (1) The Registrar of Titles may issue a notice to a person requiring the person to inform the Registrar within a specified period, not being a period of less than 30 days, whether the person claims an estate or interest in the land specified in the notice.\n (2) If a person claims an estate or interest of the kind referred to in section 20, the Registrar may require the person to make an application under that section for the land to be brought under this Act.\n (3) If the Registrar requires a person to make application under section 20, section 34 of this Act does not apply to the application.\n (4) A person who, without reasonable excuse:\n (a) fails to comply with a notice issued by the Registrar under subsection (1); or\n (b) fails to make an application under section 20 when required to do so under subsection (2);\n commits an offence against this Act.\n\n#### 20B Registrar may require a person to produce documents\n\n (1) If a person applies to bring land in the Territory under this Act, the Registrar may, by written notice, require a person to:\n (a) produce for inspection by the Registrar; or\n (b) surrender to the Registrar;\n any documents in the person’s possession or control that affect the land or title to the land.\n (2) A person who, without reasonable excuse, fails to comply with a notice issued by the Registrar under this section commits an offence against this Act.\n\n5 Section 22 (How applications to be dealt with etc)\n\n5.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n6 Section 30 (Parties interested may lodge caveat)\n\n6.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n12 Section 74 (Lost and dilapidated certificate etc)\n\n12.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n13 Section 75 (Provision in case of certificate lost etc)\n\n13.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n14 Section 78 (Registrar may call in certificate etc)\n\n14.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n15 Section 137 (Caveat may be lodged where land already under the Act)\n\n15.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n16 Section 138 (Notice of caveat to be given)\n\n16.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n17 Section 141A (Removal of caveat where etc)\n\n17.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n18 Section 142 (A caveat of a beneficiary etc)\n\n18.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n19 Section 148 (Persons proposing to deal etc)\n\n19.1 Omit ‘forty‑eight hours’ ‘ , substitute ‘14 days’ ’.\n\n20 Section 149 (Instrument affecting proposed dealing etc)\n\n20.1 Omit ‘forty‑eight hours’ ‘, substitute ‘14 days’ ’.\n\n21 Section 162 (Notice to be advertised etc)\n\n21.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n23 Section 173 (How application to be dealt with)\n\n23.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n29 Section 203 (Proprietor may summon etc)\n\n29.1 Omit ‘six clear days’ ‘ substitute ‘21 days’ ’.\n\n32 Section 207 (Damages against the assurance fund in certain other circumstances)\n\n32.1 Omit the section, substitute:\n\n#### 207\n\n (1) A person who:\n (a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.);\n (b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers;\n may bring an action for recovery of damages against the Commonwealth, as nominal defendant.\n (2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections.\n (3) A person who:\n (a) was a party to, or privy to, an application or dealing; and\n (b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing;\n may join the Commonwealth as a nominal co‑defendant.\n\n33 Section 208 (Persons claiming may before action etc)\n\n33.1 Omit the section, substitute:\n\n#### 208\n\n (1) A person who:\n (a) has suffered loss or damage; and\n (b) is entitled under this Act to commence an action for recovery of damages against the Commonwealth as nominal defendant;\n may before commencing any proceedings, apply to the Minister for compensation.\n (2) The Minister may admit the claim or a part of the claim.\n (3) If the Minister admits the claim or any part of the claim, the Commonwealth must pay to the person any damages agreed to or admitted to by the Minister.\n\n36 Section 220 (Application how dealt with)\n\n36.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n37 Section 223 (Application to be referred to Commissioner\n\n37.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\nPart 41—Transport Co‑ordination Act 1966 (W.A.)(C.I.)\n\n1 New section 20A\n\n1.1 After section 20, insert:\n\n#### 20A Transitional arrangement\n\n If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:\n (a) a licence is granted in respect of the vehicle; or\n (b) the application is refused.\n\nPart 42—Travel Agents Act 1985 (W.A.)(C.I.)\n\n1 New Section 7A\n\n1.1 After section 7, insert:\n\n#### 7A Territory transition\n\n If a person who is required to hold a licence under this Act:\n (a) was carrying on business as a travel agent in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 9 within two months after the commencement of the Territories Law Reform Act 1992;\n the person is taken to be licensed as a travel agent under this Act until a licence is granted to the person or the application is refused.\n\nPart 43—Valuation of Land Act 1978 (W.A.)(C.I.)\n\n1 New section 25A\n\n1.1 After section 25, insert:\n\n#### 25A Territory transition\n\n If a valuation of any land in the Territory:\n (a) was made before 1 July 1992 by a person:\n (i) licensed under the Land Valuers Licensing Act 1978 (W.A.); or\n (ii) qualified for membership as a Fellow or Associate of the Australian Institute of Valuers (Incorporated); and\n (b) the value of the land has not significantly increased or decreased since the valuation;\n then:\n (c) the Valuer‑General may adopt that valuation as a general or interim valuation; and\n (d) this Act applies to the valuation as if the valuation was a general or interim valuation made by the Valuer‑General under the Act.\n (2) The Valuer‑General must not adopt a valuation of land under subsection (1), unless the land is rateable land.\n\nPart 44—Weights and Measures Act 1915 (W.A.)(C.I.)\n\n1 New section 51A\n\n1.1 After section 51, insert:\n\n#### 51A Territory transition\n\n If a person who is required to have a weight or measure or a weighing or measuring instrument stamped with a mark of verification under this Act:\n (a) was using the weight, measure or instrument for trade in the Territory in the period of 6 months ending immediately before 1 July 1992; and\n (b) applies for verification of the weight, measure or instrument within two months of the commencement of the Territories Law Reform Act 1992;\n the weight, measure or instrument is taken to be verified and stamped under this Act until the weight, measure or instrument is inspected by an inspector under subsection 29(1) or is exempted from the operation of this Act by the Minister under subsection 29(2).\n\nPart 45—Workers’ Compensation and Rehabilitation Act 1981 (W.A.)(C.I.)\n\n1 New sections 160A and 160AA\n\n1.1 After section 160, insert:\n\n#### 160A Territory savings and transition\n\n If an employer who is required to obtain insurance under section 160 of this Act:\n (a) obtained and kept current a policy or policies of insurance or indemnity in accordance with section 18 of the Workers’ Compensation Ordinance 1980 before 1 July 1992; and\n (b) the policy or policies expire on or after 1 July 1992; and\n (c) the employer keeps the policy or policies current as required by section 18 of the Ordinance until the expiry date of the policies;\n the policy or policies must be taken to satisfy the requirement to obtain insurance under section 160 of this Act.\n\n#### 160AA\n\n The exemption granted by the Minister, under subsection 18(3) of the Workers’ Compensation Ordinance 1980, to the Westpac Banking Corporation on 24 February 1991, continues in force until 31 January 1996 as if the Ordinance had not been repealed.\n\nPart 46—Young Offenders Act 1994 (W.A.)(C.I.)\n\n1 Section 3 (Definitions)\n\n1.1 Definition of special order:\n\nOmit the definition.\n\n2 Section 58 (Responsible adult may be made liable)\n\n2.1 Omit the section.\n\n3 Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)\n\n3.1 Omit the Division.\n\nSchedule 4—Repealed applied laws\n\n(section 6)\n\n Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.)(C.I.)\n Building and Construction Industry Training Levy Act 1990 (W.A.)(C.I.)\n Casino Control Act 1984 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Western Australia) Code (W.A.)(C.I.)\n Companies (Administration) Act 1982 (W.A.)(C.I.)\n Companies (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Co‑operative) Act 1943‑1959 (W.A.)(C.I.)\n Companies (Western Australia) Code (W.A.)(C.I.)\n Companies Act 1961 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions)(Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code (W.A.)(C.I.)\n Company Takeovers Act 1979 (W.A.)(C.I.)\n Crime (Serious and Repeat Offenders) Sentencing Act 1992 (W.A.)(C.I.)\n Criminal Law Amendment Act 1992 (W.A.)(C.I.)\n Daylight Saving Act 1991 (W.A.)(C.I.)\n Death Duty Act 1973 (W.A.)(C.I.)\n Death Duty Assessment Act 1973 (W.A.)(C.I.)\n Domicile Act 1981 (W.A.)(C.I.)\n Election of Senators Act 1903 (W.A.)(C.I.)\n Electoral Act 1907 (W.A.)(C.I.)\n Electoral Distribution Act 1947 (W.A.)(C.I.)\n Employers’ Indemnity Supplementation Fund Act 1980 (W.A.)(C.I.)\n First Home Owner Grant Act 2000 (WA) (CI)\n Futures Industry (Application of Laws) Act 1986 (W.A.)(C.I.)\n Land (Titles and Traditional Usage) Act 1993 (W.A.)(C.I.)\n Local Government Grants Act 1978 (W.A.)(C.I.)\n Local Government Superannuation Act 1980 (W.A.)(C.I.)\n Marketable Securities Transfer Act 1970 (W.A.)(C.I.)\n National Companies and Securities Commission (State Provisions) Act 1980 (W.A.)(C.I.)\n Referendums Act 1983 (W.A.)(C.I.)\n Securities Industry (Application of Laws) Act 1981 (W.A.)(C.I.)\n Securities Industry (Release of Sureties) Act 1977 (W.A.)(C.I.)\n Securities Industry (Western Australia) Code (W.A.)(C.I.)\n Securities Industry Act 1975 (W.A.)(C.I.)\n State Supply Commission Act 1991 (W.A.)(C.I.)\n Trade Unions Act 1902. (W.A.)(C.I.)\n Waterfront Workers’ (Compensation for Asbestos Related Diseases) Act 1986 (W.A.)(C.I.)\n Wildlife Conservation Act 1950 (W.A.)(C.I.)\n Workplace Agreements Act 1993 (W.A.)(C.I.)","sortOrder":17},{"sectionNumber":"64Y","sectionType":"section","heading":"Territory bag limits","content":"#### 64Y Territory bag limits\n\n For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.\n\n21 Subregulation 117(1)\n\nAfter “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.\n\n22 At the end of subregulation 121(1)\n\nAdd “granted under regulation 122 as it applies in the Territory”.\n\n23 Division 2 of Part 11\n\nRepeal the Division.\n\n24 Regulation 156 (table)\n\nAfter “64AA(2B),”, insert “64AB, 64LA, 64U,”.\n\n25 Part 1 of Schedule 2\n\nOmit:\n\n Billfish (marlins, sailfish and spearfish).\n\n26 Part 1 of Schedule 2\n\nOmit “and Rays, other than sharks or rays that are totally protected fish”.\n\n27 Part 2 of Schedule 2\n\nRepeal the Part, substitute:","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"Totally protected fish","content":"#### 1 Name of Ordinance\n\n This Ordinance is the Christmas Island Applied Laws Ordinance 1992.\n\n#### 3 Amendments of applied laws\n\n The applied laws specified in Schedule 1 are amended as set out in that Schedule.\n\n#### 4 Rules—fish resources management\n\n (1) The Minister may, by legislative instrument, make rules:\n (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or\n (b) to make application, saving or transitional provisions in relation to such amendments.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax.\n (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.\n\n#### 6 The applied laws specified in Schedule 4 are repealed\n\n The applied laws specified in Schedule 4 are repealed.\n\n#### 7 Revival of applied laws omitted from Schedule 4 (Repealed applied laws)\n\n The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.\n\nSchedule 1—Amendments of applied laws\n\n(section 3)\n\nPart 1—Administration Act 1903 (W.A.)(C.I.)\n\n1 New section 60B\n\n1.1 After section 60A, insert:\n\n#### 60B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.\n\nPart 2—Associations Incorporation Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1):\n\nInsert the following definitions:\n\n> Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.\n\n> repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.\n\n2 Section 30 (Voluntary winding up)\n\n2.1 Subsection 30(4):\n\nOmit the subsection, substitute:\n\n (4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.\n\n3 Section 31 (Winding up by Court)\n\n3.1 Subsection 31(3):\n\nOmit the subsection, substitute:\n\n (3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.\n\n4 New sections 48A, 48B and 48C\n\n4.1 After section 48, insert:\n\n#### 48A Territory savings and transition\n\n (1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act.\n (2) If, immediately before 1 July 1992:\n (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or\n (b) a debt, liability or obligation of the association in favour of another person existed;\n then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed.\n (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.\n\n#### 48B\n\n An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.\n\n#### 48C\n\n If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.\n\nPart 3—Bread Act 1982 (W.A.)(C.I.)\n\n1 New section 17A\n\n1.1 After section 17, insert:\n\n#### 17A Territory transition\n\n If a baker who is required to hold a licence under this Act:\n (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.\n\nPart 4—Business Names Act 1962 (W.A.)(C.I.)\n\n1 New section 5A\n\n1.1 After section 5, insert:\n\n#### 5A Territory transition\n\n If a person who is required to register a business name under this Act:\n (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and\n (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)\n\n1 Section 5 (Establishment of Court)\n\n1.1 Repeal the section.\n\n2 Sections 6 to 18 (inclusive)\n\n2.1 Sections 6 to 18 (inclusive) are repealed.\n\nPart 6—Coroners Act 1996 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of reportable death:\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n1.2 Definition of reportable death (paragraph (i)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Definition of reportable death (paragraph (j)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.4 Definition of Western Australian death:\n\nOmit the definition.\n\n1.5 Insert the following definitions:\n\n> coastal sea means:\n\n (a) the territorial sea adjacent to the Territory; and\n (b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;\n and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.\n\n> Territory death means a death:\n\n (a) that occurred in the Territory or the coastal sea; or\n (b) where the body is in the Territory or the coastal sea; or\n (c) the cause of which occurred in the Territory or the coastal sea; or\n (d) of a person who was ordinarily residing in the Territory at the time of death.\n\n2 Section 22 (Jurisdiction of coroner to hold inquest into a death)\n\n2.1 Subsection 22(1):\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n3 Section 30 (Control of body)\n\n3.1 Subsection 30(1):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\nPart 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)\n\nSchedule The Criminal Code\n\n1 Section 282 (Punishment of wilful murder and murder)\n\n1.1 Paragraph 282(a):\n\nOmit ‘mandatory’.\n\n1.2 Paragraph 282(b):\n\nOmit ‘mandatory’.\n\n2 Section 400 (Definitions)\n\n2.1 Subsections 400(3) and (4):\n\nOmit the subsections.\n\n3 Section 401 (Burglary)\n\n3.1 Subsections 401(4), (5) and (6):\n\nOmit the subsections.\n\nNote: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.\n\nPart 8—Debits Tax Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------ | ----------------------------------- | ------------- |\n| Paragraph 4(1)(c) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |\n| Subsection 4(2) | Western Australia (twice occurring) | the Territory |\n\nPart 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------------------------------------------------------- | ------------------------------------------------ | ---------------- |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |\n| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |\n| Subsection 3(2) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |\n| Paragraph 3(2)(c) | Western Australia | the Territory |\n| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |\n| Subsection 8(4) | Western Australia | the Territory |\n| Subsection 11(1) | Western Australia | the Territory |\n| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Subsection 19(4) | the State of Western Australia | the Commonwealth |\n| Subsection 26(1) | the State of Western Australia | the Commonwealth |\n| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |\n| Subsection 3(1) | Western Australia (twice occurring) | the Territory |\n| Subsection 39(3) | Western Australia | the Territory |\n| Paragraph 39(3)(b) | Western Australia | the Territory |\n\nPart 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)\n\n1 Section 7 (Establishment of the Court)\n\n1.1 Repeal the section.\n\n2 Section 10 (The Judges of the Court)\n\n2.1 Repeal the section.\n\n3 Section 18 (Acting appointments)\n\n3.1 Repeal the section.\n\n4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)\n\n4.1 Repeal the section.\n\nPart 10A—Duties Act 2008 (WA) (CI)\n\n1 Section 142 (Transactions by first home owners that are concessional transactions)\n\n1.1 Subparagraph 142(1)(a)(i) and (ii):\n\nOmit the subparagraphs, substitute:\n\n (i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or\n (ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and\n\n1.2 Paragraph 142(2)(a):\n\nOmit the paragraph, substitute:\n\n (a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and\n\nPart 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)\n\n1 Section 17 (Notice of arrival of imported explosive)\n\n1.1 Subsection 17(4):\n\nOmit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.\n\nPart 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of another State):\n\nOmit ‘other than Western Australia’.\n\n1.2 After subsection 3(1), insert:\n\n (1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.\n\n2 Section 6 (Act to bind Crown)\n\n2.1 Omit the section.\n\n3 Section 11 (Financial institutions duty and short term dealings)\n\n3.1 Subsection 11(1):\n\nOmit ‘the amount comprising one‑tenth of’.\n\n3.2 Subsection 11(1):\n\nOmit ‘Australian‑based’, substitute ‘Territory’.\n\n4 Section 15 (Trust fund account)\n\n4.1 Paragraph 15(1)(a):\n\nOmit the paragraph, substitute:\n\n (a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or\n\n5 Section 27 (Returns by certified short term dealers)\n\n5.1 Subsection 27(2):\n\nOmit the subsection, substitute:\n\n (2) For subsection (1), a return must:\n (a) be in a form approved by the Commissioner; and\n (b) contain the information required by the Commissioner.\n\n6 Section 34 (Interpretation)\n\n6.1 Add at the end:\n\n (2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.\n\n7 Section 35 (Grouping of corporations)\n\n7.1 Subsection 35(1):\n\nOmit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.\n\n7.2 Subsection 35(2):\n\nOmit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.\n\n8 Section 36 (Grouping of commonly controlled businesses)\n\n8.1 Subsection 36(4):\n\nOmit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.\n\n9 Other amendments—references to Western Australia\n\n9.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------------------------------------------------------------------- | ----------------------------------- | ------------- |\n| Subsection 3(1) (definition of agent) | Western Australia (twice occurring) | the Territory |\n| Subsection 3(1) (definition of dutiable deposit) | Western Australia | the Territory |\n| Subsection 3(1) (definition of dutiable receipt) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(v)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(viii)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(i)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(iii)) | Western Australia | the Territory |\n| Subsection 3(19) | Western Australia | the Territory |\n| Paragraph 3(19e)(a) | Western Australia | the Territory |\n| Subsection 5(1) | Western Australia | the Territory |\n| Subsection 10(1) | Western Australia | the Territory |\n| Subsection 12(1) | Western Australia | the Territory |\n| Subsection 12(2) | Western Australia | the Territory |\n| Paragraph 14(6)(b) | Western Australia | the Territory |\n| Subsection 17(1) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 17(5)(b)(i) | Western Australia | the Territory |\n| Subsection 26(2) | Western Australia | the Territory |\n| Section 43 | Western Australia | the Territory |\n| Subsection 66(1) | Western Australia | the Territory |\n| Section 68 | Western Australia | the Territory |\n| Paragraph 68(c) | Western Australia | the Territory |\n| Paragraph 68(d) | Western Australia | the Territory |\n| Subsection 69(1) | Western Australia | the Territory |\n| Subsection 69(2) | Western Australia | the Territory |\n\nPart 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------- | ----------------- | ------------- |\n| Paragraph 5(5)(a) | Western Australia | the Territory |\n| Paragraph 5(5)(b) | Western Australia | the Territory |\n| Paragraph 7I(b) | Western Australia | the Territory |\n| Schedule 1 | Western Australia | the Territory |\n\nPart 14—Family Court Act 1975 (W.A.)(C.I.)\n\n1 Section 6 (Creation of the Court)\n\n1.1 Repeal the section.\n\n2 Section 9 (Appointment of Judges)\n\n2.1 Repeal the section.\n\n3 Section 11 (Acting appointments)\n\n3.1 Repeal the section.\n\nPart 15—Fish Resources Management Act 1994 (WA) (CI)\n\n1 At the end of section 42\n\nAdd:\n\n (4) The Minister of the Commonwealth who administers this Act as in force in the Territory:\n (a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and\n (b) despite subsection (3), ensure that at least one such committee is established at any time.\n\nPart 15A—Fish Resources Management Regulations 1995 (WA) (CI)\n\n1 Subregulation 3(1) (definition of day trip)\n\nRepeal the definition, substitute:\n\n> day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;\n\n2 Subregulation 3(1) (definition of one day)\n\nRepeal the definition, substitute:\n\n> one day means a period of 24 hours commencing at midnight;\n\n3 Regulation 14\n\nRepeal the regulation, substitute:\n\n#### 14 Finfish to be landed as whole fish, or as fish trunks or fillets\n\n (1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is:\n (a) a whole fish; or\n (b) a fish trunk that has the skin and scales attached; or\n (c) a fillet that:\n (i) has the skin and scales attached; and\n (ii) is packaged flat; and\n (iii) is packaged so that it is easily accessible for identification; and\n (iv) if the fish is frozen—can be measured and identified without being thawed.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) Subregulation (1) does not apply to:\n (a) finfish taken for a commercial purpose in accordance with an authorisation; or\n (b) finfish on a boat if the finfish is:\n (i) being consumed; or\n (ii) prepared, or being prepared, for immediate consumption by persons on the boat.\n\n4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA\n\nRepeal the regulations.\n\n5 Subregulations 31(1) and (3)\n\nRepeal the subregulations.\n\n6 Subregulation 31(4)\n\nOmit “or (3)”.\n\n7 Paragraphs 32(1)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.\n\n8 Paragraph 36(1)(b)\n\nRepeal the paragraph.\n\n9 Subregulation 36(2B)\n\nRepeal the subregulation.\n\n10 Regulation 37\n\nRepeal the regulation, substitute:\n\n#### 37 Offences against r.36, defences for\n\n In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.\n\n11 Regulation 42\n\nRepeal the regulation.\n\n12 At the end of Division 8 of Part 4\n\nAdd:\n\n#### 64AB Fish at Christmas Island Airport\n\n (1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport:\n (a) the maximum quantity of fish that a person may possess is 10 kg;\n (b) if the fish is finfish, it must:\n (i) have the skin attached; and\n (ii) be packaged flat;\n (c) the fish must be packaged so that it is easily accessible for identification;\n (d) if the fish is frozen, it must be able to be identified without being thawed.\n (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that:\n (a) the fish were taken for a commercial purpose in accordance with an authorisation; or\n (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or\n (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178.\n (4) In this regulation:\n\n> area of Christmas Island Airport means the land within Reserve No. 46221.\n\n13 Subregulation 64E(3)\n\nRepeal the subregulation (not including the penalty).\n\n14 Subregulations 64F(1) and (2)\n\nRepeal the subregulations, substitute:\n\n (1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is:\n (a) a throw net that:\n (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and\n (ii) has a mesh of not more than 25 mm; or\n (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.\n\n15 At the end of Division 2 of Part 4A\n\nAdd:\n\n#### 64LA Spearfishing using breathing apparatus prohibited\n\n A person must not fish with a spear or spear gun while using compressed air breathing apparatus.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n16 At the end of Division 4 of Part 4A\n\nAdd:\n\n#### 64U Spearfishing prohibited in area of Flying Fish Cove\n\n (1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n```html\n

Area where spearfishing prohibited—Flying Fish Cove

Item

Description

1

The northernmost point of the Port of Christmas Island jetty

2

Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line

3

Generally easterly along that high water line to its intersection by the eastern side of the jetty

4

Generally northerly along the eastern side of the jetty to the starting point

\n```\n\n17 Subparagraph 64W(1)(b)(i)\n\nOmit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.\n\n18 Paragraph 64W(1)(c)\n\nRepeal the paragraph.\n\n19 Regulation 64X\n\nRepeal the regulation, substitute:\n\n#### 64X Counting pieces of fish for bag limits\n\n For the purpose of determining the number of fish in relation to a bag limit:\n (a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and\n (b) a piece of clam meat is taken to be equivalent to a whole clam.\n\n20 Division 2 of Part 4B\n\nRepeal the Division, substitute:\n\n### Division 2—Bag limits for Territory\n\n#### 64Y Territory bag limits\n\n For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.\n\n21 Subregulation 117(1)\n\nAfter “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.\n\n22 At the end of subregulation 121(1)\n\nAdd “granted under regulation 122 as it applies in the Territory”.\n\n23 Division 2 of Part 11\n\nRepeal the Division.\n\n24 Regulation 156 (table)\n\nAfter “64AA(2B),”, insert “64AB, 64LA, 64U,”.\n\n25 Part 1 of Schedule 2\n\nOmit:\n\n Billfish (marlins, sailfish and spearfish).\n\n26 Part 1 of Schedule 2\n\nOmit “and Rays, other than sharks or rays that are totally protected fish”.\n\n27 Part 2 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 2—Totally protected fish\n\n### Division 1—Certain reproducing crustaceans\n\n```html\n

Totally protected fish—reproducing crustaceans

Item

Description of totally protected fish

1

Female crab with eggs or spawn attached beneath its body

2

Female rock lobster with eggs or spawn attached beneath its body

\n```\n\n### Division 2—Miscellaneous\n\n```html\n

Totally protected fish—miscellaneous

Item

Description of totally protected fish

1

Clams

2

Cod, Potato

3

Cod, White Banded

4

Coral and Live Rock

5

Coral Trout

6

Groper, Queensland

7

Parrotfish, Humphead

8

Rays

9

Wrasse, Humphead Maori

\n```\n\n28 Part 3 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 3—Recreationally protected fish\n\nNote: This Part is reserved for future use.\n\n29 Schedule 3\n\nRepeal the Schedule, substitute:\n\nSchedule 3—Bag limits\n\nNote: See regulation 64Y.\n\n## Part 1—Pelagic species\n\n```html\n

Bag limits for pelagic species

Item

Fish

Species, or group of species, bag limit

1

Barracuda

4

2

Billfish and Swordfish

4

3

Dolphinfish (Mahi Mahi)

4

4

Tuna (all species except Dogtooth Tuna)

4

5

Tuna, Dogtooth

1

6

Wahoo

4

7

All species in items 1 to 6, combined

4

\n```\n\n## Part 2—Demersal species\n\n```html\n

Bag limits for demersal species

Item

Fish

Species, or group of species, bag limit

1

All of the following:

(a) Cod (Groupers) (except totally protected species);

(b) Emperors;

(c) Sepat, Red and Black;

(d) Snappers;

(e) Trevally

15

\n```\n\n## Part 3—Crustaceans and molluscs\n\n```html\n

Bag limits for crustaceans and molluscs

Item

Fish

Species, or group of species, bag limit

1

Rock Lobster

4

\n```\n\n30 Schedule 4\n\nRepeal the Schedule, substitute:\n\nSchedule 4—Categories of Fish\n\nNote: See regulation 180.\n\n## Part 1—Category 1 fish\n\n```html\n

Category 1 fish

Item

Type of fish

1

Billfish

2

Bonefish

3

Clams

4

Cod, Potato

5

Cod, White Banded

6

Coral

7

Coral Trout

8

Coronation Trout

9

Crab, Mud

10

Dolphinfish (Mahi Mahi)

11

Groper, Queensland

12

Live Rock

13

Parrotfish, Humphead

14

Rays

15

Rock Lobster

16

Sharks

17

Swordfish

18

Tuna (all species)

19

Wahoo

20

Wrasse, Humphead Maori

\n```\n\n## Part 2—Category 2 fish\n\n```html\n

Category 2 fish

Item

Type of fish

1

Cod (Groupers) (except species listed as category 1 fish)

2

Emperors

3

Parrotfish (except Humphead Parrotfish)

4

Sepat, Red and Black

5

Snappers

6

Trevally

\n```\n\n## Part 3—Category 3 fish\n\n```html\n

Category 3 fish

Item

Type of fish

1

Milkfish

2

Mullet, Diamond Scale

3

Mullet, Sea

4

Silveries

\n```\n\n## Part 4—Category 4 fish\n\n```html\n

Category 4 fish

Item

Type of fish

1

Any species of fish not specified in this Schedule to be category 1 fish, category 2 fish or category 3 fish

\n```\n\n31 Schedule 7\n\nRepeal the Schedule, substitute:\n\nSchedule 7—List of common and scientific names\n\nNote: See subregulation 3(2).\n\n```html\n

Common and scientific names of fish

Item

Common name

Scientific name

1

Barracuda

Sphyraena spp.

2

Billfish

Family Istiophoridae

3

Bonefish

Albula spp.

4

Clam, Giant

Tridacna gigas

5

Clams

Tridacna spp.

6

Cod (Groupers)

Family Epinephelidae

7

Cod, Potato

Epinephelus tukula

8

Cod, White Banded

Anyperodon leucogrammicus

9

Coral

Class Anthozoa and Class Hydrozoa

10

Coral Trout

Plectropomus spp.

11

Coronation Trout

Variola spp.

12

Crab, Mud

Scylla spp.

13

Dolphinfish (Mahi Mahi)

Coryphaena spp.

14

Emperors

Family Lethrinidae

15

Groper, Queensland

Epinephelus lanceolatus

16

Live Rock

Family Corallinaceae, Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera and dead fish of Class Anthozoa and Class Hydrozoa

17

Milkfish

Chanos chanos

18

Mullet, Diamond Scale

Liza vaigiensis

19

Mullet, Sea

Mugil cephalus

20

Parrotfish

Subfamily Scarinae

21

Parrotfish, Humphead

Bolbometopon muricatum

22

Rays

Superorder Batoidea

23

Rock Lobster

Panulirus spp.

24

Sepat, Red and Black

Families Berycidae and Bramidae

25

Sharks

Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes

26

Shark, Whale

Rhincodon typus

27

Silveries

Gerres spp.

28

Snappers

Family Lutjanidae

29

Swordfish

Family Xiphiidae

30

Trevally

Family Carangidae

31

Tuna, Albacore

Thunnus alelunga

32

Tuna, Bigeye

Thunnus obesus

33

Tuna, Dogtooth

Gymnosarda unicolor

34

Tuna, Longtail

Thunnus tonggol

35

Tuna, Skipjack

Katsuwonus pelamis

36

Tuna, Southern Bluefin

Thunnus maccoyii

37

Tuna, Yellowfin

Thunnus albacares

38

Wahoo

Acanthocybium solandri

39

Wrasse, Humphead Maori

Cheilinus undulatus

\n```\n\n32 Schedule 9\n\nRepeal the Schedule, substitute:\n\nSchedule 9—Determining the value of fish\n\nNote: See regulation 157.\n\n```html\n

Value of fish species

Item

Species of fish

Value per unit of weight ($/kg)

Value per fish ($)

1

Barracuda

2.00

10.00

2

Billfish

2.00

100.00

3

Bonefish

8.00

24.00

4

Clam, Giant

10.00

100.00

5

Clams (except Giant Clam) (shucked)

60.00

5.00

6

Clams (except Giant Clam) (whole)

25.00

5.00

7

Cod (Groupers) (except species listed separately)

9.50

38.00

8

Cod, Potato

10.00

100.00

9

Cod, White Banded

10.00

100.00

10

Coral and Live Rock

80.00

‑

11

Coral Trout

10.00

100.00

12

Coronation Trout

8.00

24.00

13

Crab, Mud

25.00

14.00

14

Dolphinfish (Mahi Mahi)

2.00

4.00

15

Emperors

8.00

24.00

16

Groper, Queensland

10.00

100.00

17

Milkfish

4.50

3.00

18

Mullet, Diamond Scale

4.50

3.00

19

Mullet, Sea

4.50

3.00

20

Parrotfish (except Humphead Parrotfish)

6.00

12.00

21

Parrotfish, Humphead

25.00

100.00

22

Rock Lobster

30.00

15.00

23

Sepat, Red and Black

8.00

24.00

24

Sharks and rays (except Whale Shark)

6.00

90.00

25

Shark, Whale

10.00

500.00

26

Silveries

4.50

3.00

27

Snappers

8.00

24.00

28

Swordfish

2.00

100.00

29

Trevally

3.50

8.00

30

Tuna, Dogtooth

5.00

25.00

31

Tuna (except Dogtooth Tuna)

2.00

20.00

32

Wahoo

7.00

28.00

33

Wrasse, Humphead Maori

25.00

100.00

34

All fish not otherwise listed in this Schedule

1.00

1.00

\n```\n\n33 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64E,”, insert “64LA,”.\n\n34 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64QA,”, insert “64U,”.\n\n35 At the end of Schedule 15\n\nAdd:\n\n#### 5 Zone 5: Christmas Island\n\n The Territory\n\nPart 15B—Heritage Act 2018 (WA) (CI)\n\n1 At the end of Part 10\n\nAdd:\n\n#### 113A Compensation for acquisition of property\n\n (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution of the Commonwealth) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nPart 16—Limitation Act 1935 (W.A.)(C.I.)\n\n1 Section 38A (Extended limitation period in certain circumstances)\n\n1.1 Subsection 38A(2):\n\nOmit subsection (2), substitute:\n\n (2) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;\n that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.\n\n1.2 Subsection 38A(3):\n\nOmit paragraphs (3)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.3 Subsection 38A(4):\n\nOmit subsection (4), substitute:\n\n (4) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;\n that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.\n\n1.4 Subsection 38A(5):\n\nOmit paragraphs (5)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.5 Subsection 38A(6):\n\nOmit subsection (6), substitute:\n\n (6) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992;\n the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.\n\n2 Section 47A (Protection of persons acting etc)\n\n2.1 Subsection 47A(5):\n\nOmit paragraph (5)(b), substitute:\n\n (b) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.2 Subsection 47A(6):\n\nOmit paragraph (6)(a), substitute:\n\n (a) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.3 Subsection 47A(7):\n\nOmit paragraph (7)(b), substitute:\n\n (b) the person who suffered the latent injury did not have the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n3 New section 49A\n\n3.1 After section 49, insert:\n\n#### 49A Territory transition\n\n Subject to sections 38A, 38B and 47A, nothing in this Act:\n (a) affects an action or proceeding commenced before the commencement of the Territories Law Reform Act 1992; or\n (b) enables an action or proceeding to be commenced or maintained which is barred by a law in force in the Territory that was repealed by the Territories Law Reform Act 1992; or\n (c) subject to paragraph (b), prevents the commencement and maintenance of an action or proceeding within the time allowed by a law in force in the Territory that is repealed by the Territories Law Reform Act 1992 on a cause of action which accrued before the commencement of that Act.\n\nPart 16A—Local Government (Constitution) Regulations 1998 (WA)(CI)\n\n1 Division 3 of Schedule 2\n\nInsert:\n\n Shire of Christmas Island\n\nPart 17—Medical Act 1894 (W.A.)(C.I.)\n\n1 New section 25\n\n1.1 After section 24, insert:\n\n#### 25 Territory transition\n\n If a medical practitioner who is required to be registered under this Act:\n (a) was registered or licensed to practise as a medical practitioner under a law of a State or Territory; and\n (b) practised medicine in the Territory immediately before 1 July 1992; and\n (c) applies for registration under section 11 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the medical practitioner is taken to be registered under this Act until registration is granted to the medical practitioner or the application is refused.\n\nPart 18—Mining Rehabilitation Fund Act 2012 (WA) (CI)\n\n1 At the end of section 11\n\nAdd:\n\n (4) Subsections (1) to (3) do not apply in relation to a mining authorisation if:\n (a) the holder of the authorisation is the holder because of a lease or other agreement to which the holder and the Commonwealth are parties; and\n (b) under the terms of the lease or agreement, the holder is required to pay to the Commonwealth a conservation levy.\n\nPart 20—Navigable Waters Regulations (W.A.)(C.I.)\n\n1 Section 45B\n\n1.1 Add at the end:\n\n (9) If a person who is required to register a vessel under these Regulations:\n (a) used the vessel in the Territory immediately before 1 July 1992; and\n (b) applies for registration of the vessel under these Regulations within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under these Regulations until the registration is granted or refused.\n (10) The application fees specified in subregulation (3) are not required to be paid if a person applies for registration of a vessel in accordance with subregulation (9).\n\nPart 21—Nurses Act 1968 (W.A.)(C.I.)\n\n1 New Section 42A\n\n1.1 After section 42, insert:\n\n#### 42A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised nursing in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 20 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 22—Pay‑roll Tax Act 1971 (W.A.)(C.I.)\n\n1 Section 7 (Rates for group employers)\n\n1.1 Subsection 7(3):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n1.2 Subsection 7(4):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 7(5):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.4 Paragraph 7(5)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.5 Subsection 7(6):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.6 Subsection 7(7):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.7 Paragraphs 7(7)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.8 Subsection 7(8):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.9 Paragraphs 7(8)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.10 Subsection 7(12):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\nPart 23—Pay‑roll Tax Assessment Act 1971 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.2 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 3(1) (definition of corresponding law):\n\nOmit ‘another State’, substitute ‘a State’.\n\n1.4 Subsection 3(1) (definition of employer):\n\nAfter ‘any person’, insert ‘(except the Commonwealth)’.\n\n1.5 Subsection 3(1) (definition of employer):\n\nOmit ‘the Crown in right of the State of Western Australia and includes also’.\n\n1.6 Subsection 3(1) (definition of wages):\n\nParagraph (a):\n\nOmit the paragraph.\n\n1.7 Subsection 3(3):\n\nAfter ‘Act,’, insert ‘the Territory of Cocos (Keeling) Islands,’.\n\n2 Section 6 (Wages liable to pay‑roll tax)\n\n2.1 Paragraph 6(1)(a):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n2.2 Paragraph 6(1)(a):\n\nOmit ‘one other State;’, substitute ‘a State;’.\n\n2.3 Paragraph 6(1)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n2.4 Paragraph 6(1)(b):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n2.5 Subsection 6(2):\n\nOmit ‘Western Australia or in another State),’, substitute ‘the Territory or in a State),’.\n\n2.6 Paragraph 6(2)(a):\n\nOmit ‘Western Australia—‘, substitute ‘the Territory—’.\n\n2.7 Paragraph 6(2)(a):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.8 Paragraph 6(2)(b):\n\nOmit ‘Western Australia or wholly in one other State,’, substitute ‘the Territory or wholly in a State,’.\n\n2.9 Paragraph 6(2)(b):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.10 Paragraph 6(2)(c):\n\nOmit ‘Western Australia or in another State—‘, substitute ‘the Territory or in a State—’.\n\n3 Section 41 (Public officer of company)\n\n3.1 Subsection 41(1):\n\nOmit ‘Western Australia)’, substitute ‘the Territory)’.\n\nPart 24—Pharmacy Act 1964 (W.A.)(C.I.)\n\n1 New sections 46A and 46B\n\n1.1 After section 46 insert:\n\n#### 46A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) carried on business as a pharmaceutical chemist in the Territory immediately before 1 July 1992; and\n (c) applies for registration as a pharmaceutical chemist under section 21 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\n#### 46B\n\n If:\n (a) premises required to be registered under this Act were being used as a pharmacy immediately before 1 July 1992; and\n (b) the occupier of the premises applies for registration of the premises within two months of the commencement of the Territories Law Reform Act 1992;\n the premises are taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 25—Physiotherapists Act 1950 (W.A.)(C.I.)\n\n1 New section 15A\n\n1.1 After section 15, insert:\n\n#### 15A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised physiotherapy in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 26—Podiatrists Registration Act 1984 (W.A.)(C.I.)\n\n1 New section 43A\n\n1.1 After section 43, insert:\n\n#### 43A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised podiatry in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 27—Police Act 1892 (W.A.)(C.I.)\n\n1 New section 4A\n\n1.1 After section 4, insert:\n\n#### 4A Territory transition\n\n (1) A person who was, immediately before 1 July 1992, appointed under the Police Force Ordinance 1973 is taken to be appointed under this Act, at the rank the person held under the Ordinance.\n (2) The person is taken to be employed on the same terms and conditions as applied to the person immediately before that date.\n\nPart 28—Psychologists Registration Act 1976 (W.A.)(C.I.)\n\n1 New Section 56A\n\n1.1 After section 56, insert:\n\n#### 56A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised psychology in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 24 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 29—Public and Bank Holidays Act 1972 (W.A.)(C.I.)\n\n1 Section 7 (Special public or bank holidays and half‑holidays)\n\n1.1 Subsection 7(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2 Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)\n\n2.1 Subsection 8(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2.2 Subsection 8(3):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n3 New section 8A\n\n3.1 After section 8, insert:\n\n#### 8A Gazettal of certain public or bank holidays\n\n A proclamation made under subsection 7(1) or 8(1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7(2), 8(2) or 8(3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.\n\n4 Second Schedule\n\n4.1 Omit the Schedule, substitute:\n\nSecond Schedule—Public Holidays and Bank Holidays\n\n 1. New Year’s Day (1 January)\n 2. Australia Day (26 January)\n 3. Chinese New Year’s Day (Day 1) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 4. Chinese New Year’s Day (Day 2) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 5. The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 6. Labour Day (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 7. Good Friday\n 8. Anzac Day (25 April)\n 9. The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 10. Territory Day (the first Monday in October)\n 11. Christmas Day (25 December)\n 12. Boxing Day (26 December)\n 13. If a day referred to in item 1, 3, 5, 6, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday\n 14. If a day referred to in item 4 or 12 falls on a Saturday—the immediately following Monday\n 15. If a day referred to in item 4 or 12 falls on a Sunday or Monday—the immediately following Tuesday\n\nPart 30—Public Trustee Act 1941 (W.A.)(C.I.)\n\n1 New section 37B\n\n1.1 After section 37A, insert:\n\n### Division (7) Powers and Duties of Public Trustee with respect to Territory Estates\n\n#### 37B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the administration of that estate is taken to be vested in the Public Trustee on 1 July 1992.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law of the Territory as in force in the Territory before 1 July 1992.\n\nPart 31—Registration of Births, Deaths and Marriages Act 1961 (W.A.)(C.I.)\n\n1 New section 75\n\n1.1 After section 74, insert:\n\n#### 75 Territory transition\n\n (1) Particulars of births and deaths registered under the Registration of Births and Deaths Ordinance 1971 before 1 July 1992 are taken to be particulars registered under section 10 of this Act.\n (2) Particulars of marriages registered under the Civil Marriage Ordinance are taken to be particulars registered under section 10 of this Act.\n\nPart 32—Residential Tenancies Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of clerk:\n\nOmit the definition, substitute:\n\n> clerk means the clerk, or assistant clerk, of a local court.\n\nPart 33—Registration of Deeds Act 1856 (W.A.)(C.I.)\n\n1 New section 21\n\n1.1 After section 20 , insert:\n\n#### 21 Territory transition\n\n (1) A deed registered under the Registration of Deeds Ordinance 1988 as in force at any time before 1 July 1992 is taken to have been registered under this Act on the day on which it was registered under the Ordinance.\n (2) Subsection (1) does not affect the order of priority of registration of the deed.\n\nPart 34—Road Traffic Act 1974 (W.A.)(C.I.)\n\n1 New sections 29A and 29B\n\n1.1 After section 29, insert:\n\n#### 29A Territory savings and transition—vehicle licences\n\n (1) The owner of a vehicle that was registered under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, is taken to have been granted a licence for the vehicle under this Act for the period ending when the registration period would have ended if the Ordinance had not been repealed.\n (2) If a person applied for registration, or renewal of registration of a vehicle under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If:\n (a) the registration period referred to in subsection (1) expires before 1 October 1992; and\n (b) the owner applies for a licence under this Act before that date;\n the vehicle is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 29B\n\n If the owner of a vehicle referred to in section 29A applies under this Act for a licence for the vehicle the application is taken to be an application for the renewal of a licence under section 18 of this Act.\n\n2 New sections 42AA and 42AB\n\n2.1 After section 42A, insert:\n\n#### 42AA Territory savings and transition—driver’s licences\n\n (1) If a person who is required to hold a driver’s licence under this Act held a driving licence under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, the person is taken to be licensed under this Act until that driver’s licence expires.\n (2) If a person applied for a driving licence, or renewal of a driving licence, under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If a person’s driving licence expires before 1 October 1992, and the person applies for the renewal of the licence under this Act before that date—the person is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 42AB\n\n If a person referred to in section 42AA, applies under this Act, for a driver’s licence that application is taken to be an application for the renewal of a licence under section 46 of this Act.\n\nPart 35—Road Traffic Code 1975 (W.A.)(C.I.)\n\n1 Section 1307\n\n1.1 Omit ‘1 July 1992’, substitute ‘1 January 1993.’.\n\n2 Section 1607\n\n2.1 After subsection (1), insert:\n\n ‘Subsection (1) is suspended until 1 January 1993.’.\n\nPart 36—Sentencing Act 1995 (W.A.)(C.I.)\n\n1 Section 9 (Statutory penalty: effect of)\n\n1.1 Subsection 9(1):\n\nOmit ‘Subject to subsection (4),’.\n\n1.2 Subsections 9(2), (3), (4) and (5):\n\nOmit the subsections, substitute:\n\n (2) If the statutory penalty for an offence is a fine of a particular amount, or a particular term of imprisonment, that penalty is the maximum penalty that may be imposed for the offence, and a lesser penalty of the same kind may be imposed.\n (3) If a written law specifies a mandatory penalty or a minimum penalty for an offence, a lesser penalty of the same kind may nevertheless be imposed.\n\nPart 36A—Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)(CI)\n\n1 Division 1 of Schedule 1A (after table item dealing with the port of Carnarvon)\n\nInsert:\n\n| Port of Christmas Island | The area of water and land described in the plan for the Port of Christmas Island that is included in Division 2. |\n| ------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n2 Division 2 of Schedule 1A (after the plan for the port of Carnarvon)\n\nInsert:\n\n![Map showing the Port of Christmas Island port boundary](image.002.png)\n\nPart 37—Standard Survey Marks Act 1924 (W.A.)(C.I.)\n\n1 New section 6A\n\n1.1 After section 6, insert:\n\n#### 6A Territory Transition\n\n Section 6 of this Act applies to a Permanent Survey Mark erected in the Territory before 1 July 1992 as if the Permanent Survey Mark were a standard survey mark within the meaning of that section.\n\nPart 38—Supreme Court Act 1935 (W.A.)(C.I.)\n\n1 Section 6 (The Supreme Court of Western Australia)\n\n1.1 Repeal the section.\n\n2 Section 7 (Constitution of the Court)\n\n2.1 Repeal the section.\n\n3 Section 10 (Vacancy of office, absence etc of Chief Justice)\n\n3.1 Repeal the section.\n\n4 Section 11 (Acting Judges)\n\n4.1 Repeal the section.\n\n5 Section 11A (Masters)\n\n5.1 Repeal the section.\n\n6 Section 11D (Vacancies, temporary appointments and acting appointments)\n\n6.1 Repeal the section.\n\nPart 39—Tobacco Control Act 1990 (W.A.)(C.I.)\n\n1 Part 3 Western Australian Health Promotion Foundation\n\n1.1 Repeal the Part.\n\nPart 40—Transfer of Land Act 1893 (W.A.)(C.I.)\n\n1 Section 4 (Interpretation)\n\n1.1 Definition of Crown lease:\n\nAdd at the end ‘, and includes a lease granted under section 5 of the Lands Ordinance 1987.’.\n\n2 Section 20 (Lands alienated in fee before etc)\n\n2.1 Omit ‘before the first day of July, one thousand eight hundred and seventy‑five’, substitute:\n\n‘or the Commonwealth before 1 July 1992,’.\n\n3 Section 20A (Evidence and restrictions of requisitions)\n\n3.1 Add at the end:\n\n (2) The Registrar may accept a copy of a document as evidence for the purposes of bringing land in the Territory under this Act.\n\n4 New sections 20AA, 20AB and 20B\n\n4.1 After section 20A, insert:\n\n#### 20AA Registrar may refuse to register an instrument\n\n (1) Where an instrument executed on or after 1 July 1992 and purporting to convey the fee simple of land in the Territory is lodged for registration under the Registration of Deeds Act 1856 (W.A.)(C.I.), the Registrar of Deeds under that Act may refuse to register the instrument until the purchaser or mortgagor lodges an application in accordance with section 20.\n (2) If a purchaser or mortgagor lodges an application under section 20:\n (a) the mortgagee’s consent to the making of the application, in accordance with section 20, is not required; and\n (b) section 34 does not apply to the application.\n\n#### 20AB Registrar may issue notices\n\n (1) The Registrar of Titles may issue a notice to a person requiring the person to inform the Registrar within a specified period, not being a period of less than 30 days, whether the person claims an estate or interest in the land specified in the notice.\n (2) If a person claims an estate or interest of the kind referred to in section 20, the Registrar may require the person to make an application under that section for the land to be brought under this Act.\n (3) If the Registrar requires a person to make application under section 20, section 34 of this Act does not apply to the application.\n (4) A person who, without reasonable excuse:\n (a) fails to comply with a notice issued by the Registrar under subsection (1); or\n (b) fails to make an application under section 20 when required to do so under subsection (2);\n commits an offence against this Act.\n\n#### 20B Registrar may require a person to produce documents\n\n (1) If a person applies to bring land in the Territory under this Act, the Registrar may, by written notice, require a person to:\n (a) produce for inspection by the Registrar; or\n (b) surrender to the Registrar;\n any documents in the person’s possession or control that affect the land or title to the land.\n (2) A person who, without reasonable excuse, fails to comply with a notice issued by the Registrar under this section commits an offence against this Act.\n\n5 Section 22 (How applications to be dealt with etc)\n\n5.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n6 Section 30 (Parties interested may lodge caveat)\n\n6.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n12 Section 74 (Lost and dilapidated certificate etc)\n\n12.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n13 Section 75 (Provision in case of certificate lost etc)\n\n13.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n14 Section 78 (Registrar may call in certificate etc)\n\n14.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n15 Section 137 (Caveat may be lodged where land already under the Act)\n\n15.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n16 Section 138 (Notice of caveat to be given)\n\n16.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n17 Section 141A (Removal of caveat where etc)\n\n17.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n18 Section 142 (A caveat of a beneficiary etc)\n\n18.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n19 Section 148 (Persons proposing to deal etc)\n\n19.1 Omit ‘forty‑eight hours’ ‘ , substitute ‘14 days’ ’.\n\n20 Section 149 (Instrument affecting proposed dealing etc)\n\n20.1 Omit ‘forty‑eight hours’ ‘, substitute ‘14 days’ ’.\n\n21 Section 162 (Notice to be advertised etc)\n\n21.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n23 Section 173 (How application to be dealt with)\n\n23.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n29 Section 203 (Proprietor may summon etc)\n\n29.1 Omit ‘six clear days’ ‘ substitute ‘21 days’ ’.\n\n32 Section 207 (Damages against the assurance fund in certain other circumstances)\n\n32.1 Omit the section, substitute:\n\n#### 207\n\n (1) A person who:\n (a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.);\n (b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers;\n may bring an action for recovery of damages against the Commonwealth, as nominal defendant.\n (2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections.\n (3) A person who:\n (a) was a party to, or privy to, an application or dealing; and\n (b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing;\n may join the Commonwealth as a nominal co‑defendant.\n\n33 Section 208 (Persons claiming may before action etc)\n\n33.1 Omit the section, substitute:\n\n#### 208\n\n (1) A person who:\n (a) has suffered loss or damage; and\n (b) is entitled under this Act to commence an action for recovery of damages against the Commonwealth as nominal defendant;\n may before commencing any proceedings, apply to the Minister for compensation.\n (2) The Minister may admit the claim or a part of the claim.\n (3) If the Minister admits the claim or any part of the claim, the Commonwealth must pay to the person any damages agreed to or admitted to by the Minister.\n\n36 Section 220 (Application how dealt with)\n\n36.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n37 Section 223 (Application to be referred to Commissioner\n\n37.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\nPart 41—Transport Co‑ordination Act 1966 (W.A.)(C.I.)\n\n1 New section 20A\n\n1.1 After section 20, insert:\n\n#### 20A Transitional arrangement\n\n If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:\n (a) a licence is granted in respect of the vehicle; or\n (b) the application is refused.\n\nPart 42—Travel Agents Act 1985 (W.A.)(C.I.)\n\n1 New Section 7A\n\n1.1 After section 7, insert:\n\n#### 7A Territory transition\n\n If a person who is required to hold a licence under this Act:\n (a) was carrying on business as a travel agent in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 9 within two months after the commencement of the Territories Law Reform Act 1992;\n the person is taken to be licensed as a travel agent under this Act until a licence is granted to the person or the application is refused.\n\nPart 43—Valuation of Land Act 1978 (W.A.)(C.I.)\n\n1 New section 25A\n\n1.1 After section 25, insert:\n\n#### 25A Territory transition\n\n If a valuation of any land in the Territory:\n (a) was made before 1 July 1992 by a person:\n (i) licensed under the Land Valuers Licensing Act 1978 (W.A.); or\n (ii) qualified for membership as a Fellow or Associate of the Australian Institute of Valuers (Incorporated); and\n (b) the value of the land has not significantly increased or decreased since the valuation;\n then:\n (c) the Valuer‑General may adopt that valuation as a general or interim valuation; and\n (d) this Act applies to the valuation as if the valuation was a general or interim valuation made by the Valuer‑General under the Act.\n (2) The Valuer‑General must not adopt a valuation of land under subsection (1), unless the land is rateable land.\n\nPart 44—Weights and Measures Act 1915 (W.A.)(C.I.)\n\n1 New section 51A\n\n1.1 After section 51, insert:\n\n#### 51A Territory transition\n\n If a person who is required to have a weight or measure or a weighing or measuring instrument stamped with a mark of verification under this Act:\n (a) was using the weight, measure or instrument for trade in the Territory in the period of 6 months ending immediately before 1 July 1992; and\n (b) applies for verification of the weight, measure or instrument within two months of the commencement of the Territories Law Reform Act 1992;\n the weight, measure or instrument is taken to be verified and stamped under this Act until the weight, measure or instrument is inspected by an inspector under subsection 29(1) or is exempted from the operation of this Act by the Minister under subsection 29(2).\n\nPart 45—Workers’ Compensation and Rehabilitation Act 1981 (W.A.)(C.I.)\n\n1 New sections 160A and 160AA\n\n1.1 After section 160, insert:\n\n#### 160A Territory savings and transition\n\n If an employer who is required to obtain insurance under section 160 of this Act:\n (a) obtained and kept current a policy or policies of insurance or indemnity in accordance with section 18 of the Workers’ Compensation Ordinance 1980 before 1 July 1992; and\n (b) the policy or policies expire on or after 1 July 1992; and\n (c) the employer keeps the policy or policies current as required by section 18 of the Ordinance until the expiry date of the policies;\n the policy or policies must be taken to satisfy the requirement to obtain insurance under section 160 of this Act.\n\n#### 160AA\n\n The exemption granted by the Minister, under subsection 18(3) of the Workers’ Compensation Ordinance 1980, to the Westpac Banking Corporation on 24 February 1991, continues in force until 31 January 1996 as if the Ordinance had not been repealed.\n\nPart 46—Young Offenders Act 1994 (W.A.)(C.I.)\n\n1 Section 3 (Definitions)\n\n1.1 Definition of special order:\n\nOmit the definition.\n\n2 Section 58 (Responsible adult may be made liable)\n\n2.1 Omit the section.\n\n3 Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)\n\n3.1 Omit the Division.\n\nSchedule 4—Repealed applied laws\n\n(section 6)\n\n Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.)(C.I.)\n Building and Construction Industry Training Levy Act 1990 (W.A.)(C.I.)\n Casino Control Act 1984 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Western Australia) Code (W.A.)(C.I.)\n Companies (Administration) Act 1982 (W.A.)(C.I.)\n Companies (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Co‑operative) Act 1943‑1959 (W.A.)(C.I.)\n Companies (Western Australia) Code (W.A.)(C.I.)\n Companies Act 1961 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions)(Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code (W.A.)(C.I.)\n Company Takeovers Act 1979 (W.A.)(C.I.)\n Crime (Serious and Repeat Offenders) Sentencing Act 1992 (W.A.)(C.I.)\n Criminal Law Amendment Act 1992 (W.A.)(C.I.)\n Daylight Saving Act 1991 (W.A.)(C.I.)\n Death Duty Act 1973 (W.A.)(C.I.)\n Death Duty Assessment Act 1973 (W.A.)(C.I.)\n Domicile Act 1981 (W.A.)(C.I.)\n Election of Senators Act 1903 (W.A.)(C.I.)\n Electoral Act 1907 (W.A.)(C.I.)\n Electoral Distribution Act 1947 (W.A.)(C.I.)\n Employers’ Indemnity Supplementation Fund Act 1980 (W.A.)(C.I.)\n First Home Owner Grant Act 2000 (WA) (CI)\n Futures Industry (Application of Laws) Act 1986 (W.A.)(C.I.)\n Land (Titles and Traditional Usage) Act 1993 (W.A.)(C.I.)\n Local Government Grants Act 1978 (W.A.)(C.I.)\n Local Government Superannuation Act 1980 (W.A.)(C.I.)\n Marketable Securities Transfer Act 1970 (W.A.)(C.I.)\n National Companies and Securities Commission (State Provisions) Act 1980 (W.A.)(C.I.)\n Referendums Act 1983 (W.A.)(C.I.)\n Securities Industry (Application of Laws) Act 1981 (W.A.)(C.I.)\n Securities Industry (Release of Sureties) Act 1977 (W.A.)(C.I.)\n Securities Industry (Western Australia) Code (W.A.)(C.I.)\n Securities Industry Act 1975 (W.A.)(C.I.)\n State Supply Commission Act 1991 (W.A.)(C.I.)\n Trade Unions Act 1902. (W.A.)(C.I.)\n Waterfront Workers’ (Compensation for Asbestos Related Diseases) Act 1986 (W.A.)(C.I.)\n Wildlife Conservation Act 1950 (W.A.)(C.I.)\n Workplace Agreements Act 1993 (W.A.)(C.I.)","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Certain reproducing crustaceans","content":"### Division 1—Certain reproducing crustaceans\n\n```html\n

Totally protected fish—reproducing crustaceans

Item

Description of totally protected fish

1

Female crab with eggs or spawn attached beneath its body

2

Female rock lobster with eggs or spawn attached beneath its body

\n```","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Recreationally protected fish","content":"## Part 3—Recreationally protected fish\n\nNote: This Part is reserved for future use.\n\n29 Schedule 3\n\nRepeal the Schedule, substitute:\n\nSchedule 3—Bag limits\n\nNote: See regulation 64Y.","sortOrder":22},{"sectionNumber":"Part 1","sectionType":"part","heading":"Pelagic species","content":"## Part 1—Pelagic species\n\n```html\n

Bag limits for pelagic species

Item

Fish

Species, or group of species, bag limit

1

Barracuda

4

2

Billfish and Swordfish

4

3

Dolphinfish (Mahi Mahi)

4

4

Tuna (all species except Dogtooth Tuna)

4

5

Tuna, Dogtooth

1

6

Wahoo

4

7

All species in items 1 to 6, combined

4

\n```","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Category 4 fish","content":"## Part 4—Category 4 fish\n\n```html\n

Category 4 fish

Item

Type of fish

1

Any species of fish not specified in this Schedule to be category 1 fish, category 2 fish or category 3 fish

\n```\n\n31 Schedule 7\n\nRepeal the Schedule, substitute:\n\nSchedule 7—List of common and scientific names\n\nNote: See subregulation 3(2).\n\n```html\n

Common and scientific names of fish

Item

Common name

Scientific name

1

Barracuda

Sphyraena spp.

2

Billfish

Family Istiophoridae

3

Bonefish

Albula spp.

4

Clam, Giant

Tridacna gigas

5

Clams

Tridacna spp.

6

Cod (Groupers)

Family Epinephelidae

7

Cod, Potato

Epinephelus tukula

8

Cod, White Banded

Anyperodon leucogrammicus

9

Coral

Class Anthozoa and Class Hydrozoa

10

Coral Trout

Plectropomus spp.

11

Coronation Trout

Variola spp.

12

Crab, Mud

Scylla spp.

13

Dolphinfish (Mahi Mahi)

Coryphaena spp.

14

Emperors

Family Lethrinidae

15

Groper, Queensland

Epinephelus lanceolatus

16

Live Rock

Family Corallinaceae, Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera and dead fish of Class Anthozoa and Class Hydrozoa

17

Milkfish

Chanos chanos

18

Mullet, Diamond Scale

Liza vaigiensis

19

Mullet, Sea

Mugil cephalus

20

Parrotfish

Subfamily Scarinae

21

Parrotfish, Humphead

Bolbometopon muricatum

22

Rays

Superorder Batoidea

23

Rock Lobster

Panulirus spp.

24

Sepat, Red and Black

Families Berycidae and Bramidae

25

Sharks

Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes

26

Shark, Whale

Rhincodon typus

27

Silveries

Gerres spp.

28

Snappers

Family Lutjanidae

29

Swordfish

Family Xiphiidae

30

Trevally

Family Carangidae

31

Tuna, Albacore

Thunnus alelunga

32

Tuna, Bigeye

Thunnus obesus

33

Tuna, Dogtooth

Gymnosarda unicolor

34

Tuna, Longtail

Thunnus tonggol

35

Tuna, Skipjack

Katsuwonus pelamis

36

Tuna, Southern Bluefin

Thunnus maccoyii

37

Tuna, Yellowfin

Thunnus albacares

38

Wahoo

Acanthocybium solandri

39

Wrasse, Humphead Maori

Cheilinus undulatus

\n```\n\n32 Schedule 9\n\nRepeal the Schedule, substitute:\n\nSchedule 9—Determining the value of fish\n\nNote: See regulation 157.\n\n```html\n

Value of fish species

Item

Species of fish

Value per unit of weight ($/kg)

Value per fish ($)

1

Barracuda

2.00

10.00

2

Billfish

2.00

100.00

3

Bonefish

8.00

24.00

4

Clam, Giant

10.00

100.00

5

Clams (except Giant Clam) (shucked)

60.00

5.00

6

Clams (except Giant Clam) (whole)

25.00

5.00

7

Cod (Groupers) (except species listed separately)

9.50

38.00

8

Cod, Potato

10.00

100.00

9

Cod, White Banded

10.00

100.00

10

Coral and Live Rock

80.00

‑

11

Coral Trout

10.00

100.00

12

Coronation Trout

8.00

24.00

13

Crab, Mud

25.00

14.00

14

Dolphinfish (Mahi Mahi)

2.00

4.00

15

Emperors

8.00

24.00

16

Groper, Queensland

10.00

100.00

17

Milkfish

4.50

3.00

18

Mullet, Diamond Scale

4.50

3.00

19

Mullet, Sea

4.50

3.00

20

Parrotfish (except Humphead Parrotfish)

6.00

12.00

21

Parrotfish, Humphead

25.00

100.00

22

Rock Lobster

30.00

15.00

23

Sepat, Red and Black

8.00

24.00

24

Sharks and rays (except Whale Shark)

6.00

90.00

25

Shark, Whale

10.00

500.00

26

Silveries

4.50

3.00

27

Snappers

8.00

24.00

28

Swordfish

2.00

100.00

29

Trevally

3.50

8.00

30

Tuna, Dogtooth

5.00

25.00

31

Tuna (except Dogtooth Tuna)

2.00

20.00

32

Wahoo

7.00

28.00

33

Wrasse, Humphead Maori

25.00

100.00

34

All fish not otherwise listed in this Schedule

1.00

1.00

\n```\n\n33 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64E,”, insert “64LA,”.\n\n34 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64QA,”, insert “64U,”.\n\n35 At the end of Schedule 15\n\nAdd:","sortOrder":29},{"sectionNumber":"5","sectionType":"section","heading":"Zone 5: Christmas Island","content":"#### 5 Zone 5: Christmas Island\n\n The Territory\n\nPart 15B—Heritage Act 2018 (WA) (CI)\n\n1 At the end of Part 10\n\nAdd:","sortOrder":30},{"sectionNumber":"113A","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 113A Compensation for acquisition of property\n\n (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution of the Commonwealth) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nPart 16—Limitation Act 1935 (W.A.)(C.I.)\n\n1 Section 38A (Extended limitation period in certain circumstances)\n\n1.1 Subsection 38A(2):\n\nOmit subsection (2), substitute:\n\n (2) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;\n that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.\n\n1.2 Subsection 38A(3):\n\nOmit paragraphs (3)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.3 Subsection 38A(4):\n\nOmit subsection (4), substitute:\n\n (4) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;\n that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.\n\n1.4 Subsection 38A(5):\n\nOmit paragraphs (5)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.5 Subsection 38A(6):\n\nOmit subsection (6), substitute:\n\n (6) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992;\n the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.\n\n2 Section 47A (Protection of persons acting etc)\n\n2.1 Subsection 47A(5):\n\nOmit paragraph (5)(b), substitute:\n\n (b) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.2 Subsection 47A(6):\n\nOmit paragraph (6)(a), substitute:\n\n (a) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.3 Subsection 47A(7):\n\nOmit paragraph (7)(b), substitute:\n\n (b) the person who suffered the latent injury did not have the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n3 New section 49A\n\n3.1 After section 49, insert:","sortOrder":31},{"sectionNumber":"49A","sectionType":"section","heading":"Territory transition","content":"#### 49A Territory transition\n\n Subject to sections 38A, 38B and 47A, nothing in this Act:\n (a) affects an action or proceeding commenced before the commencement of the Territories Law Reform Act 1992; or\n (b) enables an action or proceeding to be commenced or maintained which is barred by a law in force in the Territory that was repealed by the Territories Law Reform Act 1992; or\n (c) subject to paragraph (b), prevents the commencement and maintenance of an action or proceeding within the time allowed by a law in force in the Territory that is repealed by the Territories Law Reform Act 1992 on a cause of action which accrued before the commencement of that Act.\n\nPart 16A—Local Government (Constitution) Regulations 1998 (WA)(CI)\n\n1 Division 3 of Schedule 2\n\nInsert:\n\n Shire of Christmas Island\n\nPart 17—Medical Act 1894 (W.A.)(C.I.)\n\n1 New section 25\n\n1.1 After section 24, insert:","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Territory transition","content":"#### 25 Territory transition\n\n If a medical practitioner who is required to be registered under this Act:\n (a) was registered or licensed to practise as a medical practitioner under a law of a State or Territory; and\n (b) practised medicine in the Territory immediately before 1 July 1992; and\n (c) applies for registration under section 11 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the medical practitioner is taken to be registered under this Act until registration is granted to the medical practitioner or the application is refused.\n\nPart 18—Mining Rehabilitation Fund Act 2012 (WA) (CI)\n\n1 At the end of section 11\n\nAdd:\n\n (4) Subsections (1) to (3) do not apply in relation to a mining authorisation if:\n (a) the holder of the authorisation is the holder because of a lease or other agreement to which the holder and the Commonwealth are parties; and\n (b) under the terms of the lease or agreement, the holder is required to pay to the Commonwealth a conservation levy.\n\nPart 20—Navigable Waters Regulations (W.A.)(C.I.)\n\n1 Section 45B\n\n1.1 Add at the end:\n\n (9) If a person who is required to register a vessel under these Regulations:\n (a) used the vessel in the Territory immediately before 1 July 1992; and\n (b) applies for registration of the vessel under these Regulations within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under these Regulations until the registration is granted or refused.\n (10) The application fees specified in subregulation (3) are not required to be paid if a person applies for registration of a vessel in accordance with subregulation (9).\n\nPart 21—Nurses Act 1968 (W.A.)(C.I.)\n\n1 New Section 42A\n\n1.1 After section 42, insert:","sortOrder":33},{"sectionNumber":"42A","sectionType":"section","heading":"Territory transition","content":"#### 42A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised nursing in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 20 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 22—Pay‑roll Tax Act 1971 (W.A.)(C.I.)\n\n1 Section 7 (Rates for group employers)\n\n1.1 Subsection 7(3):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n1.2 Subsection 7(4):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 7(5):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.4 Paragraph 7(5)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.5 Subsection 7(6):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.6 Subsection 7(7):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.7 Paragraphs 7(7)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.8 Subsection 7(8):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.9 Paragraphs 7(8)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.10 Subsection 7(12):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\nPart 23—Pay‑roll Tax Assessment Act 1971 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.2 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 3(1) (definition of corresponding law):\n\nOmit ‘another State’, substitute ‘a State’.\n\n1.4 Subsection 3(1) (definition of employer):\n\nAfter ‘any person’, insert ‘(except the Commonwealth)’.\n\n1.5 Subsection 3(1) (definition of employer):\n\nOmit ‘the Crown in right of the State of Western Australia and includes also’.\n\n1.6 Subsection 3(1) (definition of wages):\n\nParagraph (a):\n\nOmit the paragraph.\n\n1.7 Subsection 3(3):\n\nAfter ‘Act,’, insert ‘the Territory of Cocos (Keeling) Islands,’.\n\n2 Section 6 (Wages liable to pay‑roll tax)\n\n2.1 Paragraph 6(1)(a):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n2.2 Paragraph 6(1)(a):\n\nOmit ‘one other State;’, substitute ‘a State;’.\n\n2.3 Paragraph 6(1)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n2.4 Paragraph 6(1)(b):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n2.5 Subsection 6(2):\n\nOmit ‘Western Australia or in another State),’, substitute ‘the Territory or in a State),’.\n\n2.6 Paragraph 6(2)(a):\n\nOmit ‘Western Australia—‘, substitute ‘the Territory—’.\n\n2.7 Paragraph 6(2)(a):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.8 Paragraph 6(2)(b):\n\nOmit ‘Western Australia or wholly in one other State,’, substitute ‘the Territory or wholly in a State,’.\n\n2.9 Paragraph 6(2)(b):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.10 Paragraph 6(2)(c):\n\nOmit ‘Western Australia or in another State—‘, substitute ‘the Territory or in a State—’.\n\n3 Section 41 (Public officer of company)\n\n3.1 Subsection 41(1):\n\nOmit ‘Western Australia)’, substitute ‘the Territory)’.\n\nPart 24—Pharmacy Act 1964 (W.A.)(C.I.)\n\n1 New sections 46A and 46B\n\n1.1 After section 46 insert:","sortOrder":34},{"sectionNumber":"46A","sectionType":"section","heading":"Territory transition","content":"#### 46A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) carried on business as a pharmaceutical chemist in the Territory immediately before 1 July 1992; and\n (c) applies for registration as a pharmaceutical chemist under section 21 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.","sortOrder":35},{"sectionNumber":"46B","sectionType":"section","heading":"46B","content":"#### 46B\n\n If:\n (a) premises required to be registered under this Act were being used as a pharmacy immediately before 1 July 1992; and\n (b) the occupier of the premises applies for registration of the premises within two months of the commencement of the Territories Law Reform Act 1992;\n the premises are taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 25—Physiotherapists Act 1950 (W.A.)(C.I.)\n\n1 New section 15A\n\n1.1 After section 15, insert:","sortOrder":36},{"sectionNumber":"15A","sectionType":"section","heading":"Territory transition","content":"#### 15A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised physiotherapy in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 26—Podiatrists Registration Act 1984 (W.A.)(C.I.)\n\n1 New section 43A\n\n1.1 After section 43, insert:","sortOrder":37},{"sectionNumber":"43A","sectionType":"section","heading":"Territory transition","content":"#### 43A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised podiatry in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 27—Police Act 1892 (W.A.)(C.I.)\n\n1 New section 4A\n\n1.1 After section 4, insert:","sortOrder":38},{"sectionNumber":"4A","sectionType":"section","heading":"Territory transition","content":"#### 4A Territory transition\n\n (1) A person who was, immediately before 1 July 1992, appointed under the Police Force Ordinance 1973 is taken to be appointed under this Act, at the rank the person held under the Ordinance.\n (2) The person is taken to be employed on the same terms and conditions as applied to the person immediately before that date.\n\nPart 28—Psychologists Registration Act 1976 (W.A.)(C.I.)\n\n1 New Section 56A\n\n1.1 After section 56, insert:","sortOrder":39},{"sectionNumber":"56A","sectionType":"section","heading":"Territory transition","content":"#### 56A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised psychology in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 24 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 29—Public and Bank Holidays Act 1972 (W.A.)(C.I.)\n\n1 Section 7 (Special public or bank holidays and half‑holidays)\n\n1.1 Subsection 7(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2 Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)\n\n2.1 Subsection 8(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2.2 Subsection 8(3):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n3 New section 8A\n\n3.1 After section 8, insert:","sortOrder":40},{"sectionNumber":"8A","sectionType":"section","heading":"Gazettal of certain public or bank holidays","content":"#### 8A Gazettal of certain public or bank holidays\n\n A proclamation made under subsection 7(1) or 8(1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7(2), 8(2) or 8(3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.\n\n4 Second Schedule\n\n4.1 Omit the Schedule, substitute:\n\nSecond Schedule—Public Holidays and Bank Holidays\n\n 1. New Year’s Day (1 January)\n 2. Australia Day (26 January)\n 3. Chinese New Year’s Day (Day 1) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 4. Chinese New Year’s Day (Day 2) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 5. The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 6. Labour Day (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 7. Good Friday\n 8. Anzac Day (25 April)\n 9. The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 10. Territory Day (the first Monday in October)\n 11. Christmas Day (25 December)\n 12. Boxing Day (26 December)\n 13. If a day referred to in item 1, 3, 5, 6, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday\n 14. If a day referred to in item 4 or 12 falls on a Saturday—the immediately following Monday\n 15. If a day referred to in item 4 or 12 falls on a Sunday or Monday—the immediately following Tuesday\n\nPart 30—Public Trustee Act 1941 (W.A.)(C.I.)\n\n1 New section 37B\n\n1.1 After section 37A, insert:","sortOrder":41},{"sectionNumber":"Division (7) Powers and Duties of Public","sectionType":"division","heading":"Division (7) Powers and Duties of Public Trustee with respect to Territory Estates","content":"#### 1 Name of Ordinance\n\n This Ordinance is the Christmas Island Applied Laws Ordinance 1992.\n\n#### 3 Amendments of applied laws\n\n The applied laws specified in Schedule 1 are amended as set out in that Schedule.\n\n#### 4 Rules—fish resources management\n\n (1) The Minister may, by legislative instrument, make rules:\n (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or\n (b) to make application, saving or transitional provisions in relation to such amendments.\n (2) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax.\n (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.\n\n#### 6 The applied laws specified in Schedule 4 are repealed\n\n The applied laws specified in Schedule 4 are repealed.\n\n#### 7 Revival of applied laws omitted from Schedule 4 (Repealed applied laws)\n\n The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.\n\nSchedule 1—Amendments of applied laws\n\n(section 3)\n\nPart 1—Administration Act 1903 (W.A.)(C.I.)\n\n1 New section 60B\n\n1.1 After section 60A, insert:\n\n#### 60B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.\n\nPart 2—Associations Incorporation Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1):\n\nInsert the following definitions:\n\n> Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.\n\n> repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.\n\n2 Section 30 (Voluntary winding up)\n\n2.1 Subsection 30(4):\n\nOmit the subsection, substitute:\n\n (4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.\n\n3 Section 31 (Winding up by Court)\n\n3.1 Subsection 31(3):\n\nOmit the subsection, substitute:\n\n (3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.\n\n4 New sections 48A, 48B and 48C\n\n4.1 After section 48, insert:\n\n#### 48A Territory savings and transition\n\n (1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act.\n (2) If, immediately before 1 July 1992:\n (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or\n (b) a debt, liability or obligation of the association in favour of another person existed;\n then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed.\n (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.\n\n#### 48B\n\n An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.\n\n#### 48C\n\n If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.\n\nPart 3—Bread Act 1982 (W.A.)(C.I.)\n\n1 New section 17A\n\n1.1 After section 17, insert:\n\n#### 17A Territory transition\n\n If a baker who is required to hold a licence under this Act:\n (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.\n\nPart 4—Business Names Act 1962 (W.A.)(C.I.)\n\n1 New section 5A\n\n1.1 After section 5, insert:\n\n#### 5A Territory transition\n\n If a person who is required to register a business name under this Act:\n (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and\n (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)\n\n1 Section 5 (Establishment of Court)\n\n1.1 Repeal the section.\n\n2 Sections 6 to 18 (inclusive)\n\n2.1 Sections 6 to 18 (inclusive) are repealed.\n\nPart 6—Coroners Act 1996 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of reportable death:\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n1.2 Definition of reportable death (paragraph (i)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Definition of reportable death (paragraph (j)):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.4 Definition of Western Australian death:\n\nOmit the definition.\n\n1.5 Insert the following definitions:\n\n> coastal sea means:\n\n (a) the territorial sea adjacent to the Territory; and\n (b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;\n and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.\n\n> Territory death means a death:\n\n (a) that occurred in the Territory or the coastal sea; or\n (b) where the body is in the Territory or the coastal sea; or\n (c) the cause of which occurred in the Territory or the coastal sea; or\n (d) of a person who was ordinarily residing in the Territory at the time of death.\n\n2 Section 22 (Jurisdiction of coroner to hold inquest into a death)\n\n2.1 Subsection 22(1):\n\nOmit ‘Western Australian’, substitute ‘Territory’.\n\n3 Section 30 (Control of body)\n\n3.1 Subsection 30(1):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\nPart 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)\n\nSchedule The Criminal Code\n\n1 Section 282 (Punishment of wilful murder and murder)\n\n1.1 Paragraph 282(a):\n\nOmit ‘mandatory’.\n\n1.2 Paragraph 282(b):\n\nOmit ‘mandatory’.\n\n2 Section 400 (Definitions)\n\n2.1 Subsections 400(3) and (4):\n\nOmit the subsections.\n\n3 Section 401 (Burglary)\n\n3.1 Subsections 401(4), (5) and (6):\n\nOmit the subsections.\n\nNote: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.\n\nPart 8—Debits Tax Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------ | ----------------------------------- | ------------- |\n| Paragraph 4(1)(c) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |\n| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |\n| Subsection 4(2) | Western Australia (twice occurring) | the Territory |\n\nPart 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ------------------------------------------------------------------------- | ------------------------------------------------ | ---------------- |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |\n| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |\n| Subsection 3(2) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |\n| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |\n| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |\n| Paragraph 3(2)(c) | Western Australia | the Territory |\n| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |\n| Subsection 8(4) | Western Australia | the Territory |\n| Subsection 11(1) | Western Australia | the Territory |\n| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |\n| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |\n| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |\n| Subsection 19(4) | the State of Western Australia | the Commonwealth |\n| Subsection 26(1) | the State of Western Australia | the Commonwealth |\n| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |\n| Subsection 3(1) | Western Australia (twice occurring) | the Territory |\n| Subsection 39(3) | Western Australia | the Territory |\n| Paragraph 39(3)(b) | Western Australia | the Territory |\n\nPart 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)\n\n1 Section 7 (Establishment of the Court)\n\n1.1 Repeal the section.\n\n2 Section 10 (The Judges of the Court)\n\n2.1 Repeal the section.\n\n3 Section 18 (Acting appointments)\n\n3.1 Repeal the section.\n\n4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)\n\n4.1 Repeal the section.\n\nPart 10A—Duties Act 2008 (WA) (CI)\n\n1 Section 142 (Transactions by first home owners that are concessional transactions)\n\n1.1 Subparagraph 142(1)(a)(i) and (ii):\n\nOmit the subparagraphs, substitute:\n\n (i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or\n (ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and\n\n1.2 Paragraph 142(2)(a):\n\nOmit the paragraph, substitute:\n\n (a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and\n\nPart 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)\n\n1 Section 17 (Notice of arrival of imported explosive)\n\n1.1 Subsection 17(4):\n\nOmit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.\n\nPart 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of another State):\n\nOmit ‘other than Western Australia’.\n\n1.2 After subsection 3(1), insert:\n\n (1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.\n\n2 Section 6 (Act to bind Crown)\n\n2.1 Omit the section.\n\n3 Section 11 (Financial institutions duty and short term dealings)\n\n3.1 Subsection 11(1):\n\nOmit ‘the amount comprising one‑tenth of’.\n\n3.2 Subsection 11(1):\n\nOmit ‘Australian‑based’, substitute ‘Territory’.\n\n4 Section 15 (Trust fund account)\n\n4.1 Paragraph 15(1)(a):\n\nOmit the paragraph, substitute:\n\n (a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or\n\n5 Section 27 (Returns by certified short term dealers)\n\n5.1 Subsection 27(2):\n\nOmit the subsection, substitute:\n\n (2) For subsection (1), a return must:\n (a) be in a form approved by the Commissioner; and\n (b) contain the information required by the Commissioner.\n\n6 Section 34 (Interpretation)\n\n6.1 Add at the end:\n\n (2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.\n\n7 Section 35 (Grouping of corporations)\n\n7.1 Subsection 35(1):\n\nOmit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.\n\n7.2 Subsection 35(2):\n\nOmit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.\n\n8 Section 36 (Grouping of commonly controlled businesses)\n\n8.1 Subsection 36(4):\n\nOmit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.\n\n9 Other amendments—references to Western Australia\n\n9.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------------------------------------------------------------------- | ----------------------------------- | ------------- |\n| Subsection 3(1) (definition of agent) | Western Australia (twice occurring) | the Territory |\n| Subsection 3(1) (definition of dutiable deposit) | Western Australia | the Territory |\n| Subsection 3(1) (definition of dutiable receipt) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(v)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (a)(viii)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(i)) | Western Australia | the Territory |\n| Subsection 3(1) (definition of financial institution, subparagraph (b)(iii)) | Western Australia | the Territory |\n| Subsection 3(19) | Western Australia | the Territory |\n| Paragraph 3(19e)(a) | Western Australia | the Territory |\n| Subsection 5(1) | Western Australia | the Territory |\n| Subsection 10(1) | Western Australia | the Territory |\n| Subsection 12(1) | Western Australia | the Territory |\n| Subsection 12(2) | Western Australia | the Territory |\n| Paragraph 14(6)(b) | Western Australia | the Territory |\n| Subsection 17(1) | Western Australia (twice occurring) | the Territory |\n| Subparagraph 17(5)(b)(i) | Western Australia | the Territory |\n| Subsection 26(2) | Western Australia | the Territory |\n| Section 43 | Western Australia | the Territory |\n| Subsection 66(1) | Western Australia | the Territory |\n| Section 68 | Western Australia | the Territory |\n| Paragraph 68(c) | Western Australia | the Territory |\n| Paragraph 68(d) | Western Australia | the Territory |\n| Subsection 69(1) | Western Australia | the Territory |\n| Subsection 69(2) | Western Australia | the Territory |\n\nPart 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)\n\n1 Amendments—references to Western Australia\n\n1.1 Amendments as set out in the following table:\n\n| Provision | omit | substitute |\n| ----------------- | ----------------- | ------------- |\n| Paragraph 5(5)(a) | Western Australia | the Territory |\n| Paragraph 5(5)(b) | Western Australia | the Territory |\n| Paragraph 7I(b) | Western Australia | the Territory |\n| Schedule 1 | Western Australia | the Territory |\n\nPart 14—Family Court Act 1975 (W.A.)(C.I.)\n\n1 Section 6 (Creation of the Court)\n\n1.1 Repeal the section.\n\n2 Section 9 (Appointment of Judges)\n\n2.1 Repeal the section.\n\n3 Section 11 (Acting appointments)\n\n3.1 Repeal the section.\n\nPart 15—Fish Resources Management Act 1994 (WA) (CI)\n\n1 At the end of section 42\n\nAdd:\n\n (4) The Minister of the Commonwealth who administers this Act as in force in the Territory:\n (a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and\n (b) despite subsection (3), ensure that at least one such committee is established at any time.\n\nPart 15A—Fish Resources Management Regulations 1995 (WA) (CI)\n\n1 Subregulation 3(1) (definition of day trip)\n\nRepeal the definition, substitute:\n\n> day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;\n\n2 Subregulation 3(1) (definition of one day)\n\nRepeal the definition, substitute:\n\n> one day means a period of 24 hours commencing at midnight;\n\n3 Regulation 14\n\nRepeal the regulation, substitute:\n\n#### 14 Finfish to be landed as whole fish, or as fish trunks or fillets\n\n (1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is:\n (a) a whole fish; or\n (b) a fish trunk that has the skin and scales attached; or\n (c) a fillet that:\n (i) has the skin and scales attached; and\n (ii) is packaged flat; and\n (iii) is packaged so that it is easily accessible for identification; and\n (iv) if the fish is frozen—can be measured and identified without being thawed.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) Subregulation (1) does not apply to:\n (a) finfish taken for a commercial purpose in accordance with an authorisation; or\n (b) finfish on a boat if the finfish is:\n (i) being consumed; or\n (ii) prepared, or being prepared, for immediate consumption by persons on the boat.\n\n4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA\n\nRepeal the regulations.\n\n5 Subregulations 31(1) and (3)\n\nRepeal the subregulations.\n\n6 Subregulation 31(4)\n\nOmit “or (3)”.\n\n7 Paragraphs 32(1)(b) and (c)\n\nRepeal the paragraphs, substitute:\n\n (b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.\n\n8 Paragraph 36(1)(b)\n\nRepeal the paragraph.\n\n9 Subregulation 36(2B)\n\nRepeal the subregulation.\n\n10 Regulation 37\n\nRepeal the regulation, substitute:\n\n#### 37 Offences against r.36, defences for\n\n In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.\n\n11 Regulation 42\n\nRepeal the regulation.\n\n12 At the end of Division 8 of Part 4\n\nAdd:\n\n#### 64AB Fish at Christmas Island Airport\n\n (1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport:\n (a) the maximum quantity of fish that a person may possess is 10 kg;\n (b) if the fish is finfish, it must:\n (i) have the skin attached; and\n (ii) be packaged flat;\n (c) the fish must be packaged so that it is easily accessible for identification;\n (d) if the fish is frozen, it must be able to be identified without being thawed.\n (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that:\n (a) the fish were taken for a commercial purpose in accordance with an authorisation; or\n (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or\n (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178.\n (4) In this regulation:\n\n> area of Christmas Island Airport means the land within Reserve No. 46221.\n\n13 Subregulation 64E(3)\n\nRepeal the subregulation (not including the penalty).\n\n14 Subregulations 64F(1) and (2)\n\nRepeal the subregulations, substitute:\n\n (1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is:\n (a) a throw net that:\n (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and\n (ii) has a mesh of not more than 25 mm; or\n (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.\n\n15 At the end of Division 2 of Part 4A\n\nAdd:\n\n#### 64LA Spearfishing using breathing apparatus prohibited\n\n A person must not fish with a spear or spear gun while using compressed air breathing apparatus.\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n16 At the end of Division 4 of Part 4A\n\nAdd:\n\n#### 64U Spearfishing prohibited in area of Flying Fish Cove\n\n (1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).\n\nPenalty: a fine of $3,000 and the penalty provided in section 222 of the Act.\n\n (2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.\n\n```html\n

Area where spearfishing prohibited—Flying Fish Cove

Item

Description

1

The northernmost point of the Port of Christmas Island jetty

2

Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line

3

Generally easterly along that high water line to its intersection by the eastern side of the jetty

4

Generally northerly along the eastern side of the jetty to the starting point

\n```\n\n17 Subparagraph 64W(1)(b)(i)\n\nOmit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.\n\n18 Paragraph 64W(1)(c)\n\nRepeal the paragraph.\n\n19 Regulation 64X\n\nRepeal the regulation, substitute:\n\n#### 64X Counting pieces of fish for bag limits\n\n For the purpose of determining the number of fish in relation to a bag limit:\n (a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and\n (b) a piece of clam meat is taken to be equivalent to a whole clam.\n\n20 Division 2 of Part 4B\n\nRepeal the Division, substitute:\n\n### Division 2—Bag limits for Territory\n\n#### 64Y Territory bag limits\n\n For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.\n\n21 Subregulation 117(1)\n\nAfter “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.\n\n22 At the end of subregulation 121(1)\n\nAdd “granted under regulation 122 as it applies in the Territory”.\n\n23 Division 2 of Part 11\n\nRepeal the Division.\n\n24 Regulation 156 (table)\n\nAfter “64AA(2B),”, insert “64AB, 64LA, 64U,”.\n\n25 Part 1 of Schedule 2\n\nOmit:\n\n Billfish (marlins, sailfish and spearfish).\n\n26 Part 1 of Schedule 2\n\nOmit “and Rays, other than sharks or rays that are totally protected fish”.\n\n27 Part 2 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 2—Totally protected fish\n\n### Division 1—Certain reproducing crustaceans\n\n```html\n

Totally protected fish—reproducing crustaceans

Item

Description of totally protected fish

1

Female crab with eggs or spawn attached beneath its body

2

Female rock lobster with eggs or spawn attached beneath its body

\n```\n\n### Division 2—Miscellaneous\n\n```html\n

Totally protected fish—miscellaneous

Item

Description of totally protected fish

1

Clams

2

Cod, Potato

3

Cod, White Banded

4

Coral and Live Rock

5

Coral Trout

6

Groper, Queensland

7

Parrotfish, Humphead

8

Rays

9

Wrasse, Humphead Maori

\n```\n\n28 Part 3 of Schedule 2\n\nRepeal the Part, substitute:\n\n## Part 3—Recreationally protected fish\n\nNote: This Part is reserved for future use.\n\n29 Schedule 3\n\nRepeal the Schedule, substitute:\n\nSchedule 3—Bag limits\n\nNote: See regulation 64Y.\n\n## Part 1—Pelagic species\n\n```html\n

Bag limits for pelagic species

Item

Fish

Species, or group of species, bag limit

1

Barracuda

4

2

Billfish and Swordfish

4

3

Dolphinfish (Mahi Mahi)

4

4

Tuna (all species except Dogtooth Tuna)

4

5

Tuna, Dogtooth

1

6

Wahoo

4

7

All species in items 1 to 6, combined

4

\n```\n\n## Part 2—Demersal species\n\n```html\n

Bag limits for demersal species

Item

Fish

Species, or group of species, bag limit

1

All of the following:

(a) Cod (Groupers) (except totally protected species);

(b) Emperors;

(c) Sepat, Red and Black;

(d) Snappers;

(e) Trevally

15

\n```\n\n## Part 3—Crustaceans and molluscs\n\n```html\n

Bag limits for crustaceans and molluscs

Item

Fish

Species, or group of species, bag limit

1

Rock Lobster

4

\n```\n\n30 Schedule 4\n\nRepeal the Schedule, substitute:\n\nSchedule 4—Categories of Fish\n\nNote: See regulation 180.\n\n## Part 1—Category 1 fish\n\n```html\n

Category 1 fish

Item

Type of fish

1

Billfish

2

Bonefish

3

Clams

4

Cod, Potato

5

Cod, White Banded

6

Coral

7

Coral Trout

8

Coronation Trout

9

Crab, Mud

10

Dolphinfish (Mahi Mahi)

11

Groper, Queensland

12

Live Rock

13

Parrotfish, Humphead

14

Rays

15

Rock Lobster

16

Sharks

17

Swordfish

18

Tuna (all species)

19

Wahoo

20

Wrasse, Humphead Maori

\n```\n\n## Part 2—Category 2 fish\n\n```html\n

Category 2 fish

Item

Type of fish

1

Cod (Groupers) (except species listed as category 1 fish)

2

Emperors

3

Parrotfish (except Humphead Parrotfish)

4

Sepat, Red and Black

5

Snappers

6

Trevally

\n```\n\n## Part 3—Category 3 fish\n\n```html\n

Category 3 fish

Item

Type of fish

1

Milkfish

2

Mullet, Diamond Scale

3

Mullet, Sea

4

Silveries

\n```\n\n## Part 4—Category 4 fish\n\n```html\n

Category 4 fish

Item

Type of fish

1

Any species of fish not specified in this Schedule to be category 1 fish, category 2 fish or category 3 fish

\n```\n\n31 Schedule 7\n\nRepeal the Schedule, substitute:\n\nSchedule 7—List of common and scientific names\n\nNote: See subregulation 3(2).\n\n```html\n

Common and scientific names of fish

Item

Common name

Scientific name

1

Barracuda

Sphyraena spp.

2

Billfish

Family Istiophoridae

3

Bonefish

Albula spp.

4

Clam, Giant

Tridacna gigas

5

Clams

Tridacna spp.

6

Cod (Groupers)

Family Epinephelidae

7

Cod, Potato

Epinephelus tukula

8

Cod, White Banded

Anyperodon leucogrammicus

9

Coral

Class Anthozoa and Class Hydrozoa

10

Coral Trout

Plectropomus spp.

11

Coronation Trout

Variola spp.

12

Crab, Mud

Scylla spp.

13

Dolphinfish (Mahi Mahi)

Coryphaena spp.

14

Emperors

Family Lethrinidae

15

Groper, Queensland

Epinephelus lanceolatus

16

Live Rock

Family Corallinaceae, Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera and dead fish of Class Anthozoa and Class Hydrozoa

17

Milkfish

Chanos chanos

18

Mullet, Diamond Scale

Liza vaigiensis

19

Mullet, Sea

Mugil cephalus

20

Parrotfish

Subfamily Scarinae

21

Parrotfish, Humphead

Bolbometopon muricatum

22

Rays

Superorder Batoidea

23

Rock Lobster

Panulirus spp.

24

Sepat, Red and Black

Families Berycidae and Bramidae

25

Sharks

Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes

26

Shark, Whale

Rhincodon typus

27

Silveries

Gerres spp.

28

Snappers

Family Lutjanidae

29

Swordfish

Family Xiphiidae

30

Trevally

Family Carangidae

31

Tuna, Albacore

Thunnus alelunga

32

Tuna, Bigeye

Thunnus obesus

33

Tuna, Dogtooth

Gymnosarda unicolor

34

Tuna, Longtail

Thunnus tonggol

35

Tuna, Skipjack

Katsuwonus pelamis

36

Tuna, Southern Bluefin

Thunnus maccoyii

37

Tuna, Yellowfin

Thunnus albacares

38

Wahoo

Acanthocybium solandri

39

Wrasse, Humphead Maori

Cheilinus undulatus

\n```\n\n32 Schedule 9\n\nRepeal the Schedule, substitute:\n\nSchedule 9—Determining the value of fish\n\nNote: See regulation 157.\n\n```html\n

Value of fish species

Item

Species of fish

Value per unit of weight ($/kg)

Value per fish ($)

1

Barracuda

2.00

10.00

2

Billfish

2.00

100.00

3

Bonefish

8.00

24.00

4

Clam, Giant

10.00

100.00

5

Clams (except Giant Clam) (shucked)

60.00

5.00

6

Clams (except Giant Clam) (whole)

25.00

5.00

7

Cod (Groupers) (except species listed separately)

9.50

38.00

8

Cod, Potato

10.00

100.00

9

Cod, White Banded

10.00

100.00

10

Coral and Live Rock

80.00

‑

11

Coral Trout

10.00

100.00

12

Coronation Trout

8.00

24.00

13

Crab, Mud

25.00

14.00

14

Dolphinfish (Mahi Mahi)

2.00

4.00

15

Emperors

8.00

24.00

16

Groper, Queensland

10.00

100.00

17

Milkfish

4.50

3.00

18

Mullet, Diamond Scale

4.50

3.00

19

Mullet, Sea

4.50

3.00

20

Parrotfish (except Humphead Parrotfish)

6.00

12.00

21

Parrotfish, Humphead

25.00

100.00

22

Rock Lobster

30.00

15.00

23

Sepat, Red and Black

8.00

24.00

24

Sharks and rays (except Whale Shark)

6.00

90.00

25

Shark, Whale

10.00

500.00

26

Silveries

4.50

3.00

27

Snappers

8.00

24.00

28

Swordfish

2.00

100.00

29

Trevally

3.50

8.00

30

Tuna, Dogtooth

5.00

25.00

31

Tuna (except Dogtooth Tuna)

2.00

20.00

32

Wahoo

7.00

28.00

33

Wrasse, Humphead Maori

25.00

100.00

34

All fish not otherwise listed in this Schedule

1.00

1.00

\n```\n\n33 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64E,”, insert “64LA,”.\n\n34 Schedule 12 (table headed “Part 2—Regulations”, item 4)\n\nAfter “64QA,”, insert “64U,”.\n\n35 At the end of Schedule 15\n\nAdd:\n\n#### 5 Zone 5: Christmas Island\n\n The Territory\n\nPart 15B—Heritage Act 2018 (WA) (CI)\n\n1 At the end of Part 10\n\nAdd:\n\n#### 113A Compensation for acquisition of property\n\n (1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution of the Commonwealth) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nPart 16—Limitation Act 1935 (W.A.)(C.I.)\n\n1 Section 38A (Extended limitation period in certain circumstances)\n\n1.1 Subsection 38A(2):\n\nOmit subsection (2), substitute:\n\n (2) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;\n that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.\n\n1.2 Subsection 38A(3):\n\nOmit paragraphs (3)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.3 Subsection 38A(4):\n\nOmit subsection (4), substitute:\n\n (4) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;\n that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.\n\n1.4 Subsection 38A(5):\n\nOmit paragraphs (5)(a) and (b), substitute:\n\n (a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and\n (b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;\n\n1.5 Subsection 38A(6):\n\nOmit subsection (6), substitute:\n\n (6) Where:\n (a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and\n (b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and\n (c) the person who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992;\n the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.\n\n2 Section 47A (Protection of persons acting etc)\n\n2.1 Subsection 47A(5):\n\nOmit paragraph (5)(b), substitute:\n\n (b) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.2 Subsection 47A(6):\n\nOmit paragraph (6)(a), substitute:\n\n (a) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n2.3 Subsection 47A(7):\n\nOmit paragraph (7)(b), substitute:\n\n (b) the person who suffered the latent injury did not have the knowledge referred to in section 38A of this Act before 1 July 1992;\n\n3 New section 49A\n\n3.1 After section 49, insert:\n\n#### 49A Territory transition\n\n Subject to sections 38A, 38B and 47A, nothing in this Act:\n (a) affects an action or proceeding commenced before the commencement of the Territories Law Reform Act 1992; or\n (b) enables an action or proceeding to be commenced or maintained which is barred by a law in force in the Territory that was repealed by the Territories Law Reform Act 1992; or\n (c) subject to paragraph (b), prevents the commencement and maintenance of an action or proceeding within the time allowed by a law in force in the Territory that is repealed by the Territories Law Reform Act 1992 on a cause of action which accrued before the commencement of that Act.\n\nPart 16A—Local Government (Constitution) Regulations 1998 (WA)(CI)\n\n1 Division 3 of Schedule 2\n\nInsert:\n\n Shire of Christmas Island\n\nPart 17—Medical Act 1894 (W.A.)(C.I.)\n\n1 New section 25\n\n1.1 After section 24, insert:\n\n#### 25 Territory transition\n\n If a medical practitioner who is required to be registered under this Act:\n (a) was registered or licensed to practise as a medical practitioner under a law of a State or Territory; and\n (b) practised medicine in the Territory immediately before 1 July 1992; and\n (c) applies for registration under section 11 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the medical practitioner is taken to be registered under this Act until registration is granted to the medical practitioner or the application is refused.\n\nPart 18—Mining Rehabilitation Fund Act 2012 (WA) (CI)\n\n1 At the end of section 11\n\nAdd:\n\n (4) Subsections (1) to (3) do not apply in relation to a mining authorisation if:\n (a) the holder of the authorisation is the holder because of a lease or other agreement to which the holder and the Commonwealth are parties; and\n (b) under the terms of the lease or agreement, the holder is required to pay to the Commonwealth a conservation levy.\n\nPart 20—Navigable Waters Regulations (W.A.)(C.I.)\n\n1 Section 45B\n\n1.1 Add at the end:\n\n (9) If a person who is required to register a vessel under these Regulations:\n (a) used the vessel in the Territory immediately before 1 July 1992; and\n (b) applies for registration of the vessel under these Regulations within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under these Regulations until the registration is granted or refused.\n (10) The application fees specified in subregulation (3) are not required to be paid if a person applies for registration of a vessel in accordance with subregulation (9).\n\nPart 21—Nurses Act 1968 (W.A.)(C.I.)\n\n1 New Section 42A\n\n1.1 After section 42, insert:\n\n#### 42A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised nursing in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 20 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 22—Pay‑roll Tax Act 1971 (W.A.)(C.I.)\n\n1 Section 7 (Rates for group employers)\n\n1.1 Subsection 7(3):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n1.2 Subsection 7(4):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 7(5):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.4 Paragraph 7(5)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.5 Subsection 7(6):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.6 Subsection 7(7):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.7 Paragraphs 7(7)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.8 Subsection 7(8):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.9 Paragraphs 7(8)(b) and (c):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n1.10 Subsection 7(12):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\nPart 23—Pay‑roll Tax Assessment Act 1971 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n1.2 Subsection 3(1) (definition of agent):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n1.3 Subsection 3(1) (definition of corresponding law):\n\nOmit ‘another State’, substitute ‘a State’.\n\n1.4 Subsection 3(1) (definition of employer):\n\nAfter ‘any person’, insert ‘(except the Commonwealth)’.\n\n1.5 Subsection 3(1) (definition of employer):\n\nOmit ‘the Crown in right of the State of Western Australia and includes also’.\n\n1.6 Subsection 3(1) (definition of wages):\n\nParagraph (a):\n\nOmit the paragraph.\n\n1.7 Subsection 3(3):\n\nAfter ‘Act,’, insert ‘the Territory of Cocos (Keeling) Islands,’.\n\n2 Section 6 (Wages liable to pay‑roll tax)\n\n2.1 Paragraph 6(1)(a):\n\nOmit ‘Western Australia,’, substitute ‘the Territory,’.\n\n2.2 Paragraph 6(1)(a):\n\nOmit ‘one other State;’, substitute ‘a State;’.\n\n2.3 Paragraph 6(1)(b):\n\nOmit ‘Western Australia’, substitute ‘the Territory’.\n\n2.4 Paragraph 6(1)(b):\n\nOmit ‘Western Australia.’, substitute ‘the Territory.’.\n\n2.5 Subsection 6(2):\n\nOmit ‘Western Australia or in another State),’, substitute ‘the Territory or in a State),’.\n\n2.6 Paragraph 6(2)(a):\n\nOmit ‘Western Australia—‘, substitute ‘the Territory—’.\n\n2.7 Paragraph 6(2)(a):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.8 Paragraph 6(2)(b):\n\nOmit ‘Western Australia or wholly in one other State,’, substitute ‘the Territory or wholly in a State,’.\n\n2.9 Paragraph 6(2)(b):\n\nOmit ‘Western Australia;’, substitute ‘the Territory;’.\n\n2.10 Paragraph 6(2)(c):\n\nOmit ‘Western Australia or in another State—‘, substitute ‘the Territory or in a State—’.\n\n3 Section 41 (Public officer of company)\n\n3.1 Subsection 41(1):\n\nOmit ‘Western Australia)’, substitute ‘the Territory)’.\n\nPart 24—Pharmacy Act 1964 (W.A.)(C.I.)\n\n1 New sections 46A and 46B\n\n1.1 After section 46 insert:\n\n#### 46A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) carried on business as a pharmaceutical chemist in the Territory immediately before 1 July 1992; and\n (c) applies for registration as a pharmaceutical chemist under section 21 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\n#### 46B\n\n If:\n (a) premises required to be registered under this Act were being used as a pharmacy immediately before 1 July 1992; and\n (b) the occupier of the premises applies for registration of the premises within two months of the commencement of the Territories Law Reform Act 1992;\n the premises are taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 25—Physiotherapists Act 1950 (W.A.)(C.I.)\n\n1 New section 15A\n\n1.1 After section 15, insert:\n\n#### 15A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised physiotherapy in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 26—Podiatrists Registration Act 1984 (W.A.)(C.I.)\n\n1 New section 43A\n\n1.1 After section 43, insert:\n\n#### 43A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised podiatry in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 27—Police Act 1892 (W.A.)(C.I.)\n\n1 New section 4A\n\n1.1 After section 4, insert:\n\n#### 4A Territory transition\n\n (1) A person who was, immediately before 1 July 1992, appointed under the Police Force Ordinance 1973 is taken to be appointed under this Act, at the rank the person held under the Ordinance.\n (2) The person is taken to be employed on the same terms and conditions as applied to the person immediately before that date.\n\nPart 28—Psychologists Registration Act 1976 (W.A.)(C.I.)\n\n1 New Section 56A\n\n1.1 After section 56, insert:\n\n#### 56A Territory transition\n\n If a person who is required to be registered under this Act:\n (a) practised psychology in the Territory immediately before 1 July 1992; and\n (b) applies for registration under section 24 of this Act within two months of the commencement of the Territories Law Reform Act 1992;\n the person is taken to be registered under this Act until registration is granted to the person or the application is refused.\n\nPart 29—Public and Bank Holidays Act 1972 (W.A.)(C.I.)\n\n1 Section 7 (Special public or bank holidays and half‑holidays)\n\n1.1 Subsection 7(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2 Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)\n\n2.1 Subsection 8(2):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n2.2 Subsection 8(3):\n\nAfter ‘weeks’, insert ‘, except where this is not practicable,’.\n\n3 New section 8A\n\n3.1 After section 8, insert:\n\n#### 8A Gazettal of certain public or bank holidays\n\n A proclamation made under subsection 7(1) or 8(1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7(2), 8(2) or 8(3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.\n\n4 Second Schedule\n\n4.1 Omit the Schedule, substitute:\n\nSecond Schedule—Public Holidays and Bank Holidays\n\n 1. New Year’s Day (1 January)\n 2. Australia Day (26 January)\n 3. Chinese New Year’s Day (Day 1) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 4. Chinese New Year’s Day (Day 2) (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 5. The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 6. Labour Day (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 7. Good Friday\n 8. Anzac Day (25 April)\n 9. The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)\n 10. Territory Day (the first Monday in October)\n 11. Christmas Day (25 December)\n 12. Boxing Day (26 December)\n 13. If a day referred to in item 1, 3, 5, 6, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday\n 14. If a day referred to in item 4 or 12 falls on a Saturday—the immediately following Monday\n 15. If a day referred to in item 4 or 12 falls on a Sunday or Monday—the immediately following Tuesday\n\nPart 30—Public Trustee Act 1941 (W.A.)(C.I.)\n\n1 New section 37B\n\n1.1 After section 37A, insert:\n\n### Division (7) Powers and Duties of Public Trustee with respect to Territory Estates\n\n#### 37B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the administration of that estate is taken to be vested in the Public Trustee on 1 July 1992.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law of the Territory as in force in the Territory before 1 July 1992.\n\nPart 31—Registration of Births, Deaths and Marriages Act 1961 (W.A.)(C.I.)\n\n1 New section 75\n\n1.1 After section 74, insert:\n\n#### 75 Territory transition\n\n (1) Particulars of births and deaths registered under the Registration of Births and Deaths Ordinance 1971 before 1 July 1992 are taken to be particulars registered under section 10 of this Act.\n (2) Particulars of marriages registered under the Civil Marriage Ordinance are taken to be particulars registered under section 10 of this Act.\n\nPart 32—Residential Tenancies Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of clerk:\n\nOmit the definition, substitute:\n\n> clerk means the clerk, or assistant clerk, of a local court.\n\nPart 33—Registration of Deeds Act 1856 (W.A.)(C.I.)\n\n1 New section 21\n\n1.1 After section 20 , insert:\n\n#### 21 Territory transition\n\n (1) A deed registered under the Registration of Deeds Ordinance 1988 as in force at any time before 1 July 1992 is taken to have been registered under this Act on the day on which it was registered under the Ordinance.\n (2) Subsection (1) does not affect the order of priority of registration of the deed.\n\nPart 34—Road Traffic Act 1974 (W.A.)(C.I.)\n\n1 New sections 29A and 29B\n\n1.1 After section 29, insert:\n\n#### 29A Territory savings and transition—vehicle licences\n\n (1) The owner of a vehicle that was registered under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, is taken to have been granted a licence for the vehicle under this Act for the period ending when the registration period would have ended if the Ordinance had not been repealed.\n (2) If a person applied for registration, or renewal of registration of a vehicle under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If:\n (a) the registration period referred to in subsection (1) expires before 1 October 1992; and\n (b) the owner applies for a licence under this Act before that date;\n the vehicle is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 29B\n\n If the owner of a vehicle referred to in section 29A applies under this Act for a licence for the vehicle the application is taken to be an application for the renewal of a licence under section 18 of this Act.\n\n2 New sections 42AA and 42AB\n\n2.1 After section 42A, insert:\n\n#### 42AA Territory savings and transition—driver’s licences\n\n (1) If a person who is required to hold a driver’s licence under this Act held a driving licence under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, the person is taken to be licensed under this Act until that driver’s licence expires.\n (2) If a person applied for a driving licence, or renewal of a driving licence, under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If a person’s driving licence expires before 1 October 1992, and the person applies for the renewal of the licence under this Act before that date—the person is taken to be licensed under this Act until the licence is granted or the application is refused.\n\n#### 42AB\n\n If a person referred to in section 42AA, applies under this Act, for a driver’s licence that application is taken to be an application for the renewal of a licence under section 46 of this Act.\n\nPart 35—Road Traffic Code 1975 (W.A.)(C.I.)\n\n1 Section 1307\n\n1.1 Omit ‘1 July 1992’, substitute ‘1 January 1993.’.\n\n2 Section 1607\n\n2.1 After subsection (1), insert:\n\n ‘Subsection (1) is suspended until 1 January 1993.’.\n\nPart 36—Sentencing Act 1995 (W.A.)(C.I.)\n\n1 Section 9 (Statutory penalty: effect of)\n\n1.1 Subsection 9(1):\n\nOmit ‘Subject to subsection (4),’.\n\n1.2 Subsections 9(2), (3), (4) and (5):\n\nOmit the subsections, substitute:\n\n (2) If the statutory penalty for an offence is a fine of a particular amount, or a particular term of imprisonment, that penalty is the maximum penalty that may be imposed for the offence, and a lesser penalty of the same kind may be imposed.\n (3) If a written law specifies a mandatory penalty or a minimum penalty for an offence, a lesser penalty of the same kind may nevertheless be imposed.\n\nPart 36A—Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)(CI)\n\n1 Division 1 of Schedule 1A (after table item dealing with the port of Carnarvon)\n\nInsert:\n\n| Port of Christmas Island | The area of water and land described in the plan for the Port of Christmas Island that is included in Division 2. |\n| ------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n2 Division 2 of Schedule 1A (after the plan for the port of Carnarvon)\n\nInsert:\n\n![Map showing the Port of Christmas Island port boundary](image.002.png)\n\nPart 37—Standard Survey Marks Act 1924 (W.A.)(C.I.)\n\n1 New section 6A\n\n1.1 After section 6, insert:\n\n#### 6A Territory Transition\n\n Section 6 of this Act applies to a Permanent Survey Mark erected in the Territory before 1 July 1992 as if the Permanent Survey Mark were a standard survey mark within the meaning of that section.\n\nPart 38—Supreme Court Act 1935 (W.A.)(C.I.)\n\n1 Section 6 (The Supreme Court of Western Australia)\n\n1.1 Repeal the section.\n\n2 Section 7 (Constitution of the Court)\n\n2.1 Repeal the section.\n\n3 Section 10 (Vacancy of office, absence etc of Chief Justice)\n\n3.1 Repeal the section.\n\n4 Section 11 (Acting Judges)\n\n4.1 Repeal the section.\n\n5 Section 11A (Masters)\n\n5.1 Repeal the section.\n\n6 Section 11D (Vacancies, temporary appointments and acting appointments)\n\n6.1 Repeal the section.\n\nPart 39—Tobacco Control Act 1990 (W.A.)(C.I.)\n\n1 Part 3 Western Australian Health Promotion Foundation\n\n1.1 Repeal the Part.\n\nPart 40—Transfer of Land Act 1893 (W.A.)(C.I.)\n\n1 Section 4 (Interpretation)\n\n1.1 Definition of Crown lease:\n\nAdd at the end ‘, and includes a lease granted under section 5 of the Lands Ordinance 1987.’.\n\n2 Section 20 (Lands alienated in fee before etc)\n\n2.1 Omit ‘before the first day of July, one thousand eight hundred and seventy‑five’, substitute:\n\n‘or the Commonwealth before 1 July 1992,’.\n\n3 Section 20A (Evidence and restrictions of requisitions)\n\n3.1 Add at the end:\n\n (2) The Registrar may accept a copy of a document as evidence for the purposes of bringing land in the Territory under this Act.\n\n4 New sections 20AA, 20AB and 20B\n\n4.1 After section 20A, insert:\n\n#### 20AA Registrar may refuse to register an instrument\n\n (1) Where an instrument executed on or after 1 July 1992 and purporting to convey the fee simple of land in the Territory is lodged for registration under the Registration of Deeds Act 1856 (W.A.)(C.I.), the Registrar of Deeds under that Act may refuse to register the instrument until the purchaser or mortgagor lodges an application in accordance with section 20.\n (2) If a purchaser or mortgagor lodges an application under section 20:\n (a) the mortgagee’s consent to the making of the application, in accordance with section 20, is not required; and\n (b) section 34 does not apply to the application.\n\n#### 20AB Registrar may issue notices\n\n (1) The Registrar of Titles may issue a notice to a person requiring the person to inform the Registrar within a specified period, not being a period of less than 30 days, whether the person claims an estate or interest in the land specified in the notice.\n (2) If a person claims an estate or interest of the kind referred to in section 20, the Registrar may require the person to make an application under that section for the land to be brought under this Act.\n (3) If the Registrar requires a person to make application under section 20, section 34 of this Act does not apply to the application.\n (4) A person who, without reasonable excuse:\n (a) fails to comply with a notice issued by the Registrar under subsection (1); or\n (b) fails to make an application under section 20 when required to do so under subsection (2);\n commits an offence against this Act.\n\n#### 20B Registrar may require a person to produce documents\n\n (1) If a person applies to bring land in the Territory under this Act, the Registrar may, by written notice, require a person to:\n (a) produce for inspection by the Registrar; or\n (b) surrender to the Registrar;\n any documents in the person’s possession or control that affect the land or title to the land.\n (2) A person who, without reasonable excuse, fails to comply with a notice issued by the Registrar under this section commits an offence against this Act.\n\n5 Section 22 (How applications to be dealt with etc)\n\n5.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n6 Section 30 (Parties interested may lodge caveat)\n\n6.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n12 Section 74 (Lost and dilapidated certificate etc)\n\n12.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n13 Section 75 (Provision in case of certificate lost etc)\n\n13.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n14 Section 78 (Registrar may call in certificate etc)\n\n14.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n15 Section 137 (Caveat may be lodged where land already under the Act)\n\n15.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n16 Section 138 (Notice of caveat to be given)\n\n16.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n17 Section 141A (Removal of caveat where etc)\n\n17.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n18 Section 142 (A caveat of a beneficiary etc)\n\n18.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n19 Section 148 (Persons proposing to deal etc)\n\n19.1 Omit ‘forty‑eight hours’ ‘ , substitute ‘14 days’ ’.\n\n20 Section 149 (Instrument affecting proposed dealing etc)\n\n20.1 Omit ‘forty‑eight hours’ ‘, substitute ‘14 days’ ’.\n\n21 Section 162 (Notice to be advertised etc)\n\n21.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n23 Section 173 (How application to be dealt with)\n\n23.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n29 Section 203 (Proprietor may summon etc)\n\n29.1 Omit ‘six clear days’ ‘ substitute ‘21 days’ ’.\n\n32 Section 207 (Damages against the assurance fund in certain other circumstances)\n\n32.1 Omit the section, substitute:\n\n#### 207\n\n (1) A person who:\n (a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.);\n (b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers;\n may bring an action for recovery of damages against the Commonwealth, as nominal defendant.\n (2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections.\n (3) A person who:\n (a) was a party to, or privy to, an application or dealing; and\n (b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing;\n may join the Commonwealth as a nominal co‑defendant.\n\n33 Section 208 (Persons claiming may before action etc)\n\n33.1 Omit the section, substitute:\n\n#### 208\n\n (1) A person who:\n (a) has suffered loss or damage; and\n (b) is entitled under this Act to commence an action for recovery of damages against the Commonwealth as nominal defendant;\n may before commencing any proceedings, apply to the Minister for compensation.\n (2) The Minister may admit the claim or a part of the claim.\n (3) If the Minister admits the claim or any part of the claim, the Commonwealth must pay to the person any damages agreed to or admitted to by the Minister.\n\n36 Section 220 (Application how dealt with)\n\n36.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n37 Section 223 (Application to be referred to Commissioner\n\n37.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\nPart 41—Transport Co‑ordination Act 1966 (W.A.)(C.I.)\n\n1 New section 20A\n\n1.1 After section 20, insert:\n\n#### 20A Transitional arrangement\n\n If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:\n (a) a licence is granted in respect of the vehicle; or\n (b) the application is refused.\n\nPart 42—Travel Agents Act 1985 (W.A.)(C.I.)\n\n1 New Section 7A\n\n1.1 After section 7, insert:\n\n#### 7A Territory transition\n\n If a person who is required to hold a licence under this Act:\n (a) was carrying on business as a travel agent in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 9 within two months after the commencement of the Territories Law Reform Act 1992;\n the person is taken to be licensed as a travel agent under this Act until a licence is granted to the person or the application is refused.\n\nPart 43—Valuation of Land Act 1978 (W.A.)(C.I.)\n\n1 New section 25A\n\n1.1 After section 25, insert:\n\n#### 25A Territory transition\n\n If a valuation of any land in the Territory:\n (a) was made before 1 July 1992 by a person:\n (i) licensed under the Land Valuers Licensing Act 1978 (W.A.); or\n (ii) qualified for membership as a Fellow or Associate of the Australian Institute of Valuers (Incorporated); and\n (b) the value of the land has not significantly increased or decreased since the valuation;\n then:\n (c) the Valuer‑General may adopt that valuation as a general or interim valuation; and\n (d) this Act applies to the valuation as if the valuation was a general or interim valuation made by the Valuer‑General under the Act.\n (2) The Valuer‑General must not adopt a valuation of land under subsection (1), unless the land is rateable land.\n\nPart 44—Weights and Measures Act 1915 (W.A.)(C.I.)\n\n1 New section 51A\n\n1.1 After section 51, insert:\n\n#### 51A Territory transition\n\n If a person who is required to have a weight or measure or a weighing or measuring instrument stamped with a mark of verification under this Act:\n (a) was using the weight, measure or instrument for trade in the Territory in the period of 6 months ending immediately before 1 July 1992; and\n (b) applies for verification of the weight, measure or instrument within two months of the commencement of the Territories Law Reform Act 1992;\n the weight, measure or instrument is taken to be verified and stamped under this Act until the weight, measure or instrument is inspected by an inspector under subsection 29(1) or is exempted from the operation of this Act by the Minister under subsection 29(2).\n\nPart 45—Workers’ Compensation and Rehabilitation Act 1981 (W.A.)(C.I.)\n\n1 New sections 160A and 160AA\n\n1.1 After section 160, insert:\n\n#### 160A Territory savings and transition\n\n If an employer who is required to obtain insurance under section 160 of this Act:\n (a) obtained and kept current a policy or policies of insurance or indemnity in accordance with section 18 of the Workers’ Compensation Ordinance 1980 before 1 July 1992; and\n (b) the policy or policies expire on or after 1 July 1992; and\n (c) the employer keeps the policy or policies current as required by section 18 of the Ordinance until the expiry date of the policies;\n the policy or policies must be taken to satisfy the requirement to obtain insurance under section 160 of this Act.\n\n#### 160AA\n\n The exemption granted by the Minister, under subsection 18(3) of the Workers’ Compensation Ordinance 1980, to the Westpac Banking Corporation on 24 February 1991, continues in force until 31 January 1996 as if the Ordinance had not been repealed.\n\nPart 46—Young Offenders Act 1994 (W.A.)(C.I.)\n\n1 Section 3 (Definitions)\n\n1.1 Definition of special order:\n\nOmit the definition.\n\n2 Section 58 (Responsible adult may be made liable)\n\n2.1 Omit the section.\n\n3 Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)\n\n3.1 Omit the Division.\n\nSchedule 4—Repealed applied laws\n\n(section 6)\n\n Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.)(C.I.)\n Building and Construction Industry Training Levy Act 1990 (W.A.)(C.I.)\n Casino Control Act 1984 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Western Australia) Code (W.A.)(C.I.)\n Companies (Administration) Act 1982 (W.A.)(C.I.)\n Companies (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Co‑operative) Act 1943‑1959 (W.A.)(C.I.)\n Companies (Western Australia) Code (W.A.)(C.I.)\n Companies Act 1961 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions)(Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code (W.A.)(C.I.)\n Company Takeovers Act 1979 (W.A.)(C.I.)\n Crime (Serious and Repeat Offenders) Sentencing Act 1992 (W.A.)(C.I.)\n Criminal Law Amendment Act 1992 (W.A.)(C.I.)\n Daylight Saving Act 1991 (W.A.)(C.I.)\n Death Duty Act 1973 (W.A.)(C.I.)\n Death Duty Assessment Act 1973 (W.A.)(C.I.)\n Domicile Act 1981 (W.A.)(C.I.)\n Election of Senators Act 1903 (W.A.)(C.I.)\n Electoral Act 1907 (W.A.)(C.I.)\n Electoral Distribution Act 1947 (W.A.)(C.I.)\n Employers’ Indemnity Supplementation Fund Act 1980 (W.A.)(C.I.)\n First Home Owner Grant Act 2000 (WA) (CI)\n Futures Industry (Application of Laws) Act 1986 (W.A.)(C.I.)\n Land (Titles and Traditional Usage) Act 1993 (W.A.)(C.I.)\n Local Government Grants Act 1978 (W.A.)(C.I.)\n Local Government Superannuation Act 1980 (W.A.)(C.I.)\n Marketable Securities Transfer Act 1970 (W.A.)(C.I.)\n National Companies and Securities Commission (State Provisions) Act 1980 (W.A.)(C.I.)\n Referendums Act 1983 (W.A.)(C.I.)\n Securities Industry (Application of Laws) Act 1981 (W.A.)(C.I.)\n Securities Industry (Release of Sureties) Act 1977 (W.A.)(C.I.)\n Securities Industry (Western Australia) Code (W.A.)(C.I.)\n Securities Industry Act 1975 (W.A.)(C.I.)\n State Supply Commission Act 1991 (W.A.)(C.I.)\n Trade Unions Act 1902. (W.A.)(C.I.)\n Waterfront Workers’ (Compensation for Asbestos Related Diseases) Act 1986 (W.A.)(C.I.)\n Wildlife Conservation Act 1950 (W.A.)(C.I.)\n Workplace Agreements Act 1993 (W.A.)(C.I.)","sortOrder":42},{"sectionNumber":"37B","sectionType":"section","heading":"Territory transition","content":"#### 37B Territory transition\n\n (1) If probate of a will or the administration of an estate in the Territory:\n (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and\n (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992;\n then the administration of that estate is taken to be vested in the Public Trustee on 1 July 1992.\n (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law of the Territory as in force in the Territory before 1 July 1992.\n\nPart 31—Registration of Births, Deaths and Marriages Act 1961 (W.A.)(C.I.)\n\n1 New section 75\n\n1.1 After section 74, insert:","sortOrder":43},{"sectionNumber":"75","sectionType":"section","heading":"Territory transition","content":"#### 75 Territory transition\n\n (1) Particulars of births and deaths registered under the Registration of Births and Deaths Ordinance 1971 before 1 July 1992 are taken to be particulars registered under section 10 of this Act.\n (2) Particulars of marriages registered under the Civil Marriage Ordinance are taken to be particulars registered under section 10 of this Act.\n\nPart 32—Residential Tenancies Act 1987 (W.A.)(C.I.)\n\n1 Section 3 (Interpretation)\n\n1.1 Definition of clerk:\n\nOmit the definition, substitute:\n\n> clerk means the clerk, or assistant clerk, of a local court.\n\nPart 33—Registration of Deeds Act 1856 (W.A.)(C.I.)\n\n1 New section 21\n\n1.1 After section 20 , insert:","sortOrder":44},{"sectionNumber":"21","sectionType":"section","heading":"Territory transition","content":"#### 21 Territory transition\n\n (1) A deed registered under the Registration of Deeds Ordinance 1988 as in force at any time before 1 July 1992 is taken to have been registered under this Act on the day on which it was registered under the Ordinance.\n (2) Subsection (1) does not affect the order of priority of registration of the deed.\n\nPart 34—Road Traffic Act 1974 (W.A.)(C.I.)\n\n1 New sections 29A and 29B\n\n1.1 After section 29, insert:","sortOrder":45},{"sectionNumber":"29A","sectionType":"section","heading":"Territory savings and transition—vehicle licences","content":"#### 29A Territory savings and transition—vehicle licences\n\n (1) The owner of a vehicle that was registered under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, is taken to have been granted a licence for the vehicle under this Act for the period ending when the registration period would have ended if the Ordinance had not been repealed.\n (2) If a person applied for registration, or renewal of registration of a vehicle under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If:\n (a) the registration period referred to in subsection (1) expires before 1 October 1992; and\n (b) the owner applies for a licence under this Act before that date;\n the vehicle is taken to be licensed under this Act until the licence is granted or the application is refused.","sortOrder":46},{"sectionNumber":"29B","sectionType":"section","heading":"29B","content":"#### 29B\n\n If the owner of a vehicle referred to in section 29A applies under this Act for a licence for the vehicle the application is taken to be an application for the renewal of a licence under section 18 of this Act.\n\n2 New sections 42AA and 42AB\n\n2.1 After section 42A, insert:","sortOrder":47},{"sectionNumber":"42AA","sectionType":"section","heading":"Territory savings and transition—driver’s licences","content":"#### 42AA Territory savings and transition—driver’s licences\n\n (1) If a person who is required to hold a driver’s licence under this Act held a driving licence under the Motor Traffic Ordinance 1978 immediately before 1 July 1992, the person is taken to be licensed under this Act until that driver’s licence expires.\n (2) If a person applied for a driving licence, or renewal of a driving licence, under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.\n (3) If a person’s driving licence expires before 1 October 1992, and the person applies for the renewal of the licence under this Act before that date—the person is taken to be licensed under this Act until the licence is granted or the application is refused.","sortOrder":48},{"sectionNumber":"42AB","sectionType":"section","heading":"42AB","content":"#### 42AB\n\n If a person referred to in section 42AA, applies under this Act, for a driver’s licence that application is taken to be an application for the renewal of a licence under section 46 of this Act.\n\nPart 35—Road Traffic Code 1975 (W.A.)(C.I.)\n\n1 Section 1307\n\n1.1 Omit ‘1 July 1992’, substitute ‘1 January 1993.’.\n\n2 Section 1607\n\n2.1 After subsection (1), insert:\n\n ‘Subsection (1) is suspended until 1 January 1993.’.\n\nPart 36—Sentencing Act 1995 (W.A.)(C.I.)\n\n1 Section 9 (Statutory penalty: effect of)\n\n1.1 Subsection 9(1):\n\nOmit ‘Subject to subsection (4),’.\n\n1.2 Subsections 9(2), (3), (4) and (5):\n\nOmit the subsections, substitute:\n\n (2) If the statutory penalty for an offence is a fine of a particular amount, or a particular term of imprisonment, that penalty is the maximum penalty that may be imposed for the offence, and a lesser penalty of the same kind may be imposed.\n (3) If a written law specifies a mandatory penalty or a minimum penalty for an offence, a lesser penalty of the same kind may nevertheless be imposed.\n\nPart 36A—Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA)(CI)\n\n1 Division 1 of Schedule 1A (after table item dealing with the port of Carnarvon)\n\nInsert:\n\n| Port of Christmas Island | The area of water and land described in the plan for the Port of Christmas Island that is included in Division 2. |\n| ------------------------ | ----------------------------------------------------------------------------------------------------------------- |\n\n2 Division 2 of Schedule 1A (after the plan for the port of Carnarvon)\n\nInsert:\n\n![Map showing the Port of Christmas Island port boundary](image.002.png)\n\nPart 37—Standard Survey Marks Act 1924 (W.A.)(C.I.)\n\n1 New section 6A\n\n1.1 After section 6, insert:","sortOrder":49},{"sectionNumber":"6A","sectionType":"section","heading":"Territory Transition","content":"#### 6A Territory Transition\n\n Section 6 of this Act applies to a Permanent Survey Mark erected in the Territory before 1 July 1992 as if the Permanent Survey Mark were a standard survey mark within the meaning of that section.\n\nPart 38—Supreme Court Act 1935 (W.A.)(C.I.)\n\n1 Section 6 (The Supreme Court of Western Australia)\n\n1.1 Repeal the section.\n\n2 Section 7 (Constitution of the Court)\n\n2.1 Repeal the section.\n\n3 Section 10 (Vacancy of office, absence etc of Chief Justice)\n\n3.1 Repeal the section.\n\n4 Section 11 (Acting Judges)\n\n4.1 Repeal the section.\n\n5 Section 11A (Masters)\n\n5.1 Repeal the section.\n\n6 Section 11D (Vacancies, temporary appointments and acting appointments)\n\n6.1 Repeal the section.\n\nPart 39—Tobacco Control Act 1990 (W.A.)(C.I.)\n\n1 Part 3 Western Australian Health Promotion Foundation\n\n1.1 Repeal the Part.\n\nPart 40—Transfer of Land Act 1893 (W.A.)(C.I.)\n\n1 Section 4 (Interpretation)\n\n1.1 Definition of Crown lease:\n\nAdd at the end ‘, and includes a lease granted under section 5 of the Lands Ordinance 1987.’.\n\n2 Section 20 (Lands alienated in fee before etc)\n\n2.1 Omit ‘before the first day of July, one thousand eight hundred and seventy‑five’, substitute:\n\n‘or the Commonwealth before 1 July 1992,’.\n\n3 Section 20A (Evidence and restrictions of requisitions)\n\n3.1 Add at the end:\n\n (2) The Registrar may accept a copy of a document as evidence for the purposes of bringing land in the Territory under this Act.\n\n4 New sections 20AA, 20AB and 20B\n\n4.1 After section 20A, insert:","sortOrder":50},{"sectionNumber":"20AA","sectionType":"section","heading":"Registrar may refuse to register an instrument","content":"#### 20AA Registrar may refuse to register an instrument\n\n (1) Where an instrument executed on or after 1 July 1992 and purporting to convey the fee simple of land in the Territory is lodged for registration under the Registration of Deeds Act 1856 (W.A.)(C.I.), the Registrar of Deeds under that Act may refuse to register the instrument until the purchaser or mortgagor lodges an application in accordance with section 20.\n (2) If a purchaser or mortgagor lodges an application under section 20:\n (a) the mortgagee’s consent to the making of the application, in accordance with section 20, is not required; and\n (b) section 34 does not apply to the application.","sortOrder":51},{"sectionNumber":"20AB","sectionType":"section","heading":"Registrar may issue notices","content":"#### 20AB Registrar may issue notices\n\n (1) The Registrar of Titles may issue a notice to a person requiring the person to inform the Registrar within a specified period, not being a period of less than 30 days, whether the person claims an estate or interest in the land specified in the notice.\n (2) If a person claims an estate or interest of the kind referred to in section 20, the Registrar may require the person to make an application under that section for the land to be brought under this Act.\n (3) If the Registrar requires a person to make application under section 20, section 34 of this Act does not apply to the application.\n (4) A person who, without reasonable excuse:\n (a) fails to comply with a notice issued by the Registrar under subsection (1); or\n (b) fails to make an application under section 20 when required to do so under subsection (2);\n commits an offence against this Act.","sortOrder":52},{"sectionNumber":"20B","sectionType":"section","heading":"Registrar may require a person to produce documents","content":"#### 20B Registrar may require a person to produce documents\n\n (1) If a person applies to bring land in the Territory under this Act, the Registrar may, by written notice, require a person to:\n (a) produce for inspection by the Registrar; or\n (b) surrender to the Registrar;\n any documents in the person’s possession or control that affect the land or title to the land.\n (2) A person who, without reasonable excuse, fails to comply with a notice issued by the Registrar under this section commits an offence against this Act.\n\n5 Section 22 (How applications to be dealt with etc)\n\n5.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n6 Section 30 (Parties interested may lodge caveat)\n\n6.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n12 Section 74 (Lost and dilapidated certificate etc)\n\n12.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\n13 Section 75 (Provision in case of certificate lost etc)\n\n13.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n14 Section 78 (Registrar may call in certificate etc)\n\n14.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n15 Section 137 (Caveat may be lodged where land already under the Act)\n\n15.1 Omit ‘seven days’ ‘, substitute ‘21 days’ ’.\n\n16 Section 138 (Notice of caveat to be given)\n\n16.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n17 Section 141A (Removal of caveat where etc)\n\n17.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n18 Section 142 (A caveat of a beneficiary etc)\n\n18.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n19 Section 148 (Persons proposing to deal etc)\n\n19.1 Omit ‘forty‑eight hours’ ‘ , substitute ‘14 days’ ’.\n\n20 Section 149 (Instrument affecting proposed dealing etc)\n\n20.1 Omit ‘forty‑eight hours’ ‘, substitute ‘14 days’ ’.\n\n21 Section 162 (Notice to be advertised etc)\n\n21.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n23 Section 173 (How application to be dealt with)\n\n23.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n29 Section 203 (Proprietor may summon etc)\n\n29.1 Omit ‘six clear days’ ‘ substitute ‘21 days’ ’.\n\n32 Section 207 (Damages against the assurance fund in certain other circumstances)\n\n32.1 Omit the section, substitute:","sortOrder":53},{"sectionNumber":"207","sectionType":"section","heading":"207","content":"#### 207\n\n (1) A person who:\n (a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.);\n (b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers;\n may bring an action for recovery of damages against the Commonwealth, as nominal defendant.\n (2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections.\n (3) A person who:\n (a) was a party to, or privy to, an application or dealing; and\n (b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing;\n may join the Commonwealth as a nominal co‑defendant.\n\n33 Section 208 (Persons claiming may before action etc)\n\n33.1 Omit the section, substitute:","sortOrder":54},{"sectionNumber":"208","sectionType":"section","heading":"208","content":"#### 208\n\n (1) A person who:\n (a) has suffered loss or damage; and\n (b) is entitled under this Act to commence an action for recovery of damages against the Commonwealth as nominal defendant;\n may before commencing any proceedings, apply to the Minister for compensation.\n (2) The Minister may admit the claim or a part of the claim.\n (3) If the Minister admits the claim or any part of the claim, the Commonwealth must pay to the person any damages agreed to or admitted to by the Minister.\n\n36 Section 220 (Application how dealt with)\n\n36.1 Omit ‘fourteen days’ ‘ , substitute ‘21 days’ ’.\n\n37 Section 223 (Application to be referred to Commissioner\n\n37.1 Omit ‘fourteen days’ ‘, substitute ‘21 days’ ’.\n\nPart 41—Transport Co‑ordination Act 1966 (W.A.)(C.I.)\n\n1 New section 20A\n\n1.1 After section 20, insert:","sortOrder":55},{"sectionNumber":"20A","sectionType":"section","heading":"Transitional arrangement","content":"#### 20A Transitional arrangement\n\n If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:\n (a) a licence is granted in respect of the vehicle; or\n (b) the application is refused.\n\nPart 42—Travel Agents Act 1985 (W.A.)(C.I.)\n\n1 New Section 7A\n\n1.1 After section 7, insert:","sortOrder":56},{"sectionNumber":"7A","sectionType":"section","heading":"Territory transition","content":"#### 7A Territory transition\n\n If a person who is required to hold a licence under this Act:\n (a) was carrying on business as a travel agent in the Territory immediately before 1 July 1992; and\n (b) applies for a licence under section 9 within two months after the commencement of the Territories Law Reform Act 1992;\n the person is taken to be licensed as a travel agent under this Act until a licence is granted to the person or the application is refused.\n\nPart 43—Valuation of Land Act 1978 (W.A.)(C.I.)\n\n1 New section 25A\n\n1.1 After section 25, insert:","sortOrder":57},{"sectionNumber":"25A","sectionType":"section","heading":"Territory transition","content":"#### 25A Territory transition\n\n If a valuation of any land in the Territory:\n (a) was made before 1 July 1992 by a person:\n (i) licensed under the Land Valuers Licensing Act 1978 (W.A.); or\n (ii) qualified for membership as a Fellow or Associate of the Australian Institute of Valuers (Incorporated); and\n (b) the value of the land has not significantly increased or decreased since the valuation;\n then:\n (c) the Valuer‑General may adopt that valuation as a general or interim valuation; and\n (d) this Act applies to the valuation as if the valuation was a general or interim valuation made by the Valuer‑General under the Act.\n (2) The Valuer‑General must not adopt a valuation of land under subsection (1), unless the land is rateable land.\n\nPart 44—Weights and Measures Act 1915 (W.A.)(C.I.)\n\n1 New section 51A\n\n1.1 After section 51, insert:","sortOrder":58},{"sectionNumber":"51A","sectionType":"section","heading":"Territory transition","content":"#### 51A Territory transition\n\n If a person who is required to have a weight or measure or a weighing or measuring instrument stamped with a mark of verification under this Act:\n (a) was using the weight, measure or instrument for trade in the Territory in the period of 6 months ending immediately before 1 July 1992; and\n (b) applies for verification of the weight, measure or instrument within two months of the commencement of the Territories Law Reform Act 1992;\n the weight, measure or instrument is taken to be verified and stamped under this Act until the weight, measure or instrument is inspected by an inspector under subsection 29(1) or is exempted from the operation of this Act by the Minister under subsection 29(2).\n\nPart 45—Workers’ Compensation and Rehabilitation Act 1981 (W.A.)(C.I.)\n\n1 New sections 160A and 160AA\n\n1.1 After section 160, insert:","sortOrder":59},{"sectionNumber":"160A","sectionType":"section","heading":"Territory savings and transition","content":"#### 160A Territory savings and transition\n\n If an employer who is required to obtain insurance under section 160 of this Act:\n (a) obtained and kept current a policy or policies of insurance or indemnity in accordance with section 18 of the Workers’ Compensation Ordinance 1980 before 1 July 1992; and\n (b) the policy or policies expire on or after 1 July 1992; and\n (c) the employer keeps the policy or policies current as required by section 18 of the Ordinance until the expiry date of the policies;\n the policy or policies must be taken to satisfy the requirement to obtain insurance under section 160 of this Act.","sortOrder":60},{"sectionNumber":"160AA","sectionType":"section","heading":"160AA","content":"#### 160AA\n\n The exemption granted by the Minister, under subsection 18(3) of the Workers’ Compensation Ordinance 1980, to the Westpac Banking Corporation on 24 February 1991, continues in force until 31 January 1996 as if the Ordinance had not been repealed.\n\nPart 46—Young Offenders Act 1994 (W.A.)(C.I.)\n\n1 Section 3 (Definitions)\n\n1.1 Definition of special order:\n\nOmit the definition.\n\n2 Section 58 (Responsible adult may be made liable)\n\n2.1 Omit the section.\n\n3 Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)\n\n3.1 Omit the Division.\n\nSchedule 4—Repealed applied laws\n\n(section 6)\n\n Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.)(C.I.)\n Building and Construction Industry Training Levy Act 1990 (W.A.)(C.I.)\n Casino Control Act 1984 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Acquisition of Shares) (Western Australia) Code (W.A.)(C.I.)\n Companies (Administration) Act 1982 (W.A.)(C.I.)\n Companies (Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies (Co‑operative) Act 1943‑1959 (W.A.)(C.I.)\n Companies (Western Australia) Code (W.A.)(C.I.)\n Companies Act 1961 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions)(Application of Laws) Act 1981 (W.A.)(C.I.)\n Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code (W.A.)(C.I.)\n Company Takeovers Act 1979 (W.A.)(C.I.)\n Crime (Serious and Repeat Offenders) Sentencing Act 1992 (W.A.)(C.I.)\n Criminal Law Amendment Act 1992 (W.A.)(C.I.)\n Daylight Saving Act 1991 (W.A.)(C.I.)\n Death Duty Act 1973 (W.A.)(C.I.)\n Death Duty Assessment Act 1973 (W.A.)(C.I.)\n Domicile Act 1981 (W.A.)(C.I.)\n Election of Senators Act 1903 (W.A.)(C.I.)\n Electoral Act 1907 (W.A.)(C.I.)\n Electoral Distribution Act 1947 (W.A.)(C.I.)\n Employers’ Indemnity Supplementation Fund Act 1980 (W.A.)(C.I.)\n First Home Owner Grant Act 2000 (WA) (CI)\n Futures Industry (Application of Laws) Act 1986 (W.A.)(C.I.)\n Land (Titles and Traditional Usage) Act 1993 (W.A.)(C.I.)\n Local Government Grants Act 1978 (W.A.)(C.I.)\n Local Government Superannuation Act 1980 (W.A.)(C.I.)\n Marketable Securities Transfer Act 1970 (W.A.)(C.I.)\n National Companies and Securities Commission (State Provisions) Act 1980 (W.A.)(C.I.)\n Referendums Act 1983 (W.A.)(C.I.)\n Securities Industry (Application of Laws) Act 1981 (W.A.)(C.I.)\n Securities Industry (Release of Sureties) Act 1977 (W.A.)(C.I.)\n Securities Industry (Western Australia) Code (W.A.)(C.I.)\n Securities Industry Act 1975 (W.A.)(C.I.)\n State Supply Commission Act 1991 (W.A.)(C.I.)\n Trade Unions Act 1902. (W.A.)(C.I.)\n Waterfront Workers’ (Compensation for Asbestos Related Diseases) Act 1986 (W.A.)(C.I.)\n Wildlife Conservation Act 1950 (W.A.)(C.I.)\n Workplace Agreements Act 1993 (W.A.)(C.I.)","sortOrder":61}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":890},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 1992 purpose. What began as a transitional mechanism to apply WA laws to Christmas Island has expanded through numerous amendments to include detailed fisheries management (Parts 15-15A), heritage protection (Part 15B), mining rehabilitation (Part 18), and modernised land title systems (Part 40). The fish resources regulations alone now occupy more text than the original Ordinance, with complex ecological categorisations and location-specific rules that reflect evolving environmental management priorities rather than simple legal continuity."},"complexity_factors":["46 separate Parts amending different WA Acts, each with unique modifications","Extensive cross-referencing between the Ordinance, WA laws, and Commonwealth legislation","Multiple nested transitional provisions with date-specific triggers (1 July 1992, 1 October 1992, etc.)","Detailed technical schedules with fish species classifications, bag limits, and scientific names","Complex conditional logic in savings provisions (e.g., 'if X applied before date Y and applies within Z months...')","Replacement of hundreds of geographical references ('Western Australia' → 'the Territory')","Interaction between federal and state constitutional frameworks","Repeal and revival mechanisms in sections 6-7 creating potential circular dependencies","Detailed spatial definitions for prohibited fishing areas using geodetic coordinates","Multiple amendment tables with precise substitution instructions"],"plain_english_summary":"The Ordinance imports and adapts over 40 Western Australian Acts and Regulations to operate on Christmas Island, swapping WA references for “the Territory,” preserving existing licences and pending applications from the 1992 transition, and abolishing redundant WA court provisions. It also establishes locally tailored rules—notably detailed fisheries controls and limited ministerial rule‑making—while repealing outdated laws.\n\nIt affects residents, businesses, fishers, registrants (health professionals, vehicle owners, companies) and is the legal backbone enabling WA-style civil and regulatory law to function on the island."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The instrument goes beyond a simple transfer of WA laws to the Territory by adding territory‑specific regulatory content and new liabilities. In particular, it (a) creates detailed local fisheries rules (airport possession limits, bag limits and area bans) that are bespoke to Christmas Island (Part 15A and related Schedule replacements); (b) inserts a compensation liability on the Commonwealth in the Heritage Act (new s113A) that creates a fiscal exposure not present in a mere textual application; (c) grants new Registrar powers and procedural gates for land registration (new ss 20AA–20B) that materially change property transaction mechanics in the Territory; and (d) alters criminal/sentencing language to expand judicial discretion. These additions extend the measure beyond mere harmonisation and transitional continuity into affirmative new rules and obligations tailored to the Territory."},"complexity_factors":["Instrument amends or replaces provisions across 40+ distinct Acts and Regulations (Schedule 1 contains many Parts).","Multiple new sections, repeals and substitutions (numerous 'insert after', 'repeal', 'substitute' actions).","Extensive cross‑references to external statutes (Corporations Law, FHOG Act, Transfer of Land Act, etc.), increasing interpretive dependency.","Layered transitional and savings clauses with short time windows (many two‑month application periods) and conditional triggers.","Large, detailed regulatory schedules added for fisheries (Schedules 3, 4, 7, 9) including numeric bag limits, species lists and monetary values.","Delegated rule‑making power for the Minister (s4) with express limitations — adds administrative discretion and conditionality.","Numerous textual substitutions changing territorial references across taxation and payroll statutes — wide systemic reach.","Introduction of new administrative powers for Registrars (20AA–20B) including notice and offence provisions — procedural complexity.","Mixed constitutional/fiscal consequence (Heritage Act compensation clause) with potential litigation pathways — legal and fiscal cross‑impact."],"plain_english_summary":"**What this Ordinance does (mechanics)\n\n- Adopts, adapts and amends many Western Australian laws so they operate in the Territory of Christmas Island. The instrument is a catalogue of specific insertions, omissions and substitutions across dozens of Acts and Regulations (see Schedule 1 and Schedule 4). \n\n- Establishes transitional and savings rules to carry over existing rights, licences, registrations and proceedings that existed under earlier Christmas Island ordinances into the mapped WA Acts now applying in the Territory (multiple \"Territory transition\" clauses in Schedule 1: e.g. Administration Act 1903 amendments, business names, professional registers, vehicle and driver licences, Registration of Deeds, Public Trustee provisions). Those transitional rules commonly say: if you had X on 1 July 1992 and apply within a set short period (often two months), you are taken to be registered/licensed until the new process finishes. \n\n- Makes territory‑specific fisheries rules and bag limits by amending the Fish Resources Management Act and Regulations as they apply in the Territory (Part 15 / Part 15A and related schedule replacements). That package: \n - defines species categories and numeric bag limits (Schedule 3 replacement); \n - creates small‑area prohibitions (e.g. spearfishing ban in Flying Fish Cove—regulation 64U); \n - limits fish possession at the airport to 10 kg and prescribes packaging/identification requirements (regulation 64AB); and \n - modifies gear and counting rules (e.g. 2 fillet pieces = 1 whole finfish, regulation 64X) and sets criminal penalties (fines plus the Act's enforcement penalty, see reg.14 and others). \n\n- Replaces or repeals particular WA court‑structure provisions as they would apply in the Territory (repeals and redrafts in Children’s Court, District Court, Supreme Court provisions) and relaxes some sentencing language (removal of the word \"mandatory\" from murder sentencing provisions and changes to the Sentencing Act s9 so statutory penalties are maximums but lower penalties may be imposed). \n\n- Adjusts property and land title routines: new Registrar powers to require information, refuse registration of instruments until an application under section 20 is made, and longer notice periods in Transfer of Land procedures (see new ss 20AA, 20AB, 20B; multiple day‑period changes). \n\n- Inserts a compensation obligation into the Heritage Act as it applies in the Territory: if operation of that Part would effect an acquisition otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation (new s113A). \n\n- Repeals a long list of applied WA laws for the Territory (Schedule 4) and makes many textual changes replacing references to \"Western Australia\" with \"the Territory\" across taxation, payroll, corporate and other statutory schemes. \n\nWho it affects (categories of people and organisations)\n\n- Residents and visitors to Christmas Island who fish (recreational fishers, charter operators, commercial operators) — they must follow new possession and gear rules, bag limits, species protections, location bans (e.g. airport and Flying Fish Cove). Penalties for breaches are specified (e.g. fines in regs such as reg.14 and reg.64AB). \n- Local businesses and professionals (bakers, pharmacists, medical practitioners, nurses, physiotherapists, travel agents, etc.) who had existing licences or registrations under pre‑1992 Territory ordinances — many are taken to be provisionally registered or licensed if they apply within the specified windows. \n- Land owners, purchasers and mortgagees — new Registrar powers affect how land is brought under the Transfer of Land Act and how instruments executed after 1 July 1992 are handled. \n- Persons pursuing latent injury claims (asbestos cases) — limitation provisions have specific transitional rules stretching or restarting limitation periods depending on knowledge before 1 July 1992 (Limitation Act amendments). \n- The Commonwealth (taxpayer) — newly inserted compensation obligation under the Heritage Act (s113A) creates a direct liability to pay compensation where an acquisition occurs otherwise than on just terms. \n- Enforcement and administrative agencies (the Minister administering the fish Act in the Territory, Registrar(s), the Commissioner, local courts, customs service for the Indian Ocean Territories) — new duties, rule‑making powers and altered reporting/processing periods. \n\nWhy it matters (purpose claims and testing them against trade‑offs)\n\n- Official purpose claim (explicit in the instrument): to make Western Australian laws operate sensibly and fairly in the Territory and to provide clear transitional arrangements so that licences, registrations, legal rights and proceedings that existed under the old Territory ordinances continue without immediate disruption. The text repeatedly implements \"Territory transition\" or \"savings and transitional\" provisions for multiple Acts (Schedule 1 entries). \n\n- Testing that claim against costs, incentives and trade‑offs: \n - Predictability and lower short‑term disruption are concrete benefits: persons who relied on pre‑1992 registrations get a short, administratively light route to remain licensed until formalities resolve (see the many two‑month application windows). That reduces exit/entry costs for incumbents (Schedule 1 recurring pattern). \n - Compliance and enforcement costs shift: fisheries rules impose identification, packaging and landing rules (e.g. fillets must be skinned and packaged flat and identifiable) and create airport possession limits (64AB). Those rules increase compliance costs for recreational fishers, operators, and carriers (time, packaging materials, potential confiscation or fines). Enforcement resources (inspectors, Customs at the airport, prosecution capacity) are required to make these provisions effective. \n - Administrative discretion concentrated in a few actors: the Commonwealth Minister who administers the fish law for the Territory may make delegated rules to amend Part 15A (s4) but cannot create offences, detention/search powers or taxes by those rules (s4(2)). The Minister must consult a specified advisory committee (s4(3)). This design grants rule‑making agility but keeps core coercive instruments reserved for primary legislation. The combination creates moderate implementation risk: administrative rules will be used for technical adjustments, and they are constrained by express prohibitions. \n - Property and titling changes transfer procedural burdens to landholders: Registrar power to refuse registration or require applications and documents (20AA–20B) can delay transactions and raises risk of friction and litigation if owners are unaware or unable quickly to comply. The instrument gives the Registrar express enforcement tools (notices and offences), which shifts compliance costs to affected landholders. \n - Liability allocation and fiscal effect: insertion of a compensation duty in the Territory‑applied Heritage Act makes the Commonwealth the payer (s113A). That creates a concrete contingent fiscal exposure to claims for acquisition without just terms. The text gives claimants a straight path to court if parties disagree, shifting potential litigation and payment risk onto the Commonwealth. \n - Criminal law and sentencing adjustments broaden judicial discretion: removing the term \"mandatory\" for certain punishments and expressly allowing sentencing below statutory minima (Sentencing Act changes) reduces rigid sentencing floors. This increases judicial sentencing flexibility but may create uncertainty for offenders and victims about likely outcomes. \n\nWho pays, who decides, what behaviour changes (summary) \n- Who pays: individuals who breach fisheries rules (fines), landowners or applicants who must supply documents or answers to Registrars (administrative compliance costs, potential fines for non‑compliance), the Commonwealth (possible compensation under Heritage Act s113A). \n- Who decides: the Commonwealth Minister administering many of the applied laws (including delegated rule‑making under s4), registrars/Commissioner for property and revenue duties, and local courts for disputes and compensation. Advisory committees (fish resources) must be consulted where the Act prescribes it. \n- Behaviour changes expected: fishers will change how they package/transport/retain catches, avoid spearfishing in bounded zones and at airport areas; professionals/licence‑holders will apply within transitional windows to secure continuity; purchasers and mortgagors must expect potential additional Registrar steps when lodging instruments after 1 July 1992. Courts will exercise more sentencing discretion under the reworded sentencing provisions.\n\nImplementation and compliance risks\n\n- Many short application windows (commonly two months from the commencement of the Territories Law Reform Act 1992) create a risk that individuals or businesses miss transition protections; administrative backlogs could then lead to disputes. \n- Extensive cross‑references to other laws (Corporations Law, FHOG Act, etc.) mean correct operation depends on consistent interpretation of external statutes and their territorial application. \n- Enforcement of fisheries rules at the airport and at sea depends on customs, local rangers and police capacity; capacity constraints could lead to uneven compliance. \n\nBottom‑line mechanics (concise)\n\n- This Ordinance is a sweeping localisation package: it imports, modifies and in many cases repeals WA laws for Christmas Island, creates targeted fishery and land‑title rules for the Territory, sets transitional arrangements so pre‑1992 licences/rights continue temporarily, changes sentencing language to allow judicial discretion, and creates a specific compensation exposure for heritage acquisitions. It changes who enforces, who pays in key cases, and prescribes specific on‑the‑ground behavioural rules for fishers, registrants and land transactors (see Schedule 1, Part 15A and Part 40 for prominent examples)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/christmas-island-applied-laws-ordinance-1992","history":"/api/acts/christmas-island-applied-laws-ordinance-1992/history","analysis":"/api/acts/christmas-island-applied-laws-ordinance-1992/analysis","conflicts":"/api/acts/christmas-island-applied-laws-ordinance-1992/conflicts","importantCases":"/api/acts/christmas-island-applied-laws-ordinance-1992/important-cases","documents":"/api/acts/christmas-island-applied-laws-ordinance-1992/documents"}}