{"id":"F2016L00524","name":"Christmas Island Utilities and Services Ordinance 2016","slug":"christmas-island-utilities-and-services-ordinance-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438673,"registerId":"F2016L00524-fast-fetch-1775955003557","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Christmas Island Utilities and Services Ordinance 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nChristmas Island Utilities and Services Ordinance 2016\n\n \n\nOrdinance No. 1, 2016\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.\n\nDated 14 April 2016\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nPaul Fletcher\n\nMinister for Major Projects, Territories and Local Government\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Administrator may arrange supply\n\n7 Fees for supply\n\n8 Fees must be notified in the Gazette\n\n9 Unpaid fee is a debt due to the Commonwealth\n\n10 Fee must not amount to taxation\n\nSchedule 1—Repeals\n\nUtilities and Services Ordinance 1996\n\n \n\n1  Name\n\n  This is the Christmas Island Utilities and Services Ordinance 2016.\n\n2  Commencement\n\n (1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Ordinance The day after this Ordinance is registered. 16 April 2016\n\n\nNote: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.\n\n (2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.\n\n3  Authority\n\n  This Ordinance is made under the Christmas Island Act 1958.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.\n\n5  Definitions\n\n  In this Ordinance:\n\nfee means a fee charged under section 7.\n\nutility or service includes, but is not limited to, the following:\n\n (a) water;\n\n (b) electricity;\n\n (c) gas;\n\n (d) drainage and sewerage;\n\n (e) refuse removal;\n\n (f) public transport;\n\n (g) community health care;\n\n (h) education;\n\n (i) community housing;\n\n (j) marine traffic facilities;\n\n (k) marine harbour facilities;\n\n (l) airport facilities.\n\n6  Administrator may arrange supply\n\n  The Administrator may arrange for the supply of a utility or service.\n\n7  Fees for supply\n\n (1) The Administrator may charge a fee for the supply of a utility or service.\n\n (2) The fee must be:\n\n (a) the fee determined by the Administrator by legislative instrument; or\n\n (b) if the Administrator has not determined a fee for the supply under paragraph (a)—the fee payable for the supply under an applied law.\n\n (3) A determination under paragraph (2)(a) must set out the date from which the fee applies, and may set out either or both of the following:\n\n (a) how the fee is to be paid;\n\n (b) the time by which the fee is to be paid.\n\n8  Fees must be notified in the Gazette\n\n (1) The Administrator must not charge a fee unless the fee has been notified in the Gazette.\n\nNote: The Gazette is the Commonwealth of Australia Gazette: see section 2B of the Acts Interpretation Act 1901.\n\n (2) The notice must specify:\n\n (a) the amount of the fee; or\n\n (b) the method for calculating the fee (including any amounts on which the calculation is based).\n\n9  Unpaid fee is a debt due to the Commonwealth\n\n  An unpaid fee is a debt due to the Commonwealth.\n\n10  Fee must not amount to taxation\n\n  A fee must not be such as to amount to taxation.\n\nSchedule 1—Repeals\n\n \n\nUtilities and Services Ordinance 1996\n\n1  The whole of the Ordinance\n\nRepeal the Ordinance.\n\n \n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Ordinance repeals the Utilities and Services Ordinance 1996 (Schedule 1) and establishes a new, concise framework: the Administrator may arrange supply and set fees (s6–7), with Gazette publication (s8), recovery as a Commonwealth debt (s9), and a prohibition against fees that amount to taxation (s10). Because the 1996 Ordinance is repealed, the statutory instrument now in force replaces the previous legislative basis for utilities and services on Christmas Island."},"complexity_factors":["Broad and non‑exhaustive definition of 'utility or service' (s5) increases interpretive scope about what can be charged for.","Delegated fee‑setting: Administrator may determine fees by legislative instrument (s7(2)(a)) — requires attention to delegated‑legislation procedures and potential disallowance.","Fallback to applied law if no Administrator determination (s7(2)(b)) creates interaction complexity with external laws that must be researched and applied.","Mandatory Gazette notification before charging fees (s8(1)) creates a formal publication/compliance step and evidentiary requirement about when fees take effect (s7(3)).","Specification of payment method/time is discretionary (s7(3)(a)–(b)) and affects administrative collection processes and obligations on customers.","Unpaid fees are recoverable as debts due to the Commonwealth (s9) — interacts with debt‑recovery processes and priorities in Commonwealth law.","Prohibition that a fee must not amount to taxation (s10) raises legal uncertainty and potential litigation about classification of particular charges.","Repeal of the earlier 1996 Ordinance (Schedule 1) means legislative history and transitional arrangements may be relevant to interpretation and administration."],"plain_english_summary":"This Ordinance authorises the Christmas Island Administrator to arrange supply of a broad set of utilities and services (water, electricity, waste, health, housing, ports, airports, etc.) and to charge fees for those supplies. Fees must be set by the Administrator (by legislative instrument or under applied law), be published in the Commonwealth Gazette, state payment details, are recoverable as debts, and must not be taxes. The Ordinance also repeals the 1996 Utilities and Services Ordinance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope — providing a basic statutory framework for utilities and services on Christmas Island. It replaces the 1996 Ordinance with substantively similar provisions, without expanding into new policy areas or regulatory domains."},"complexity_factors":["Very short statute — only 10 operative sections plus a repeal schedule","Minimal defined terms — only 2 definitions in section 5 ('fee' and 'utility or service')","Simple conditional structure — primarily straightforward permissions ('may') with basic conditions","No cross-references to other legislation except the empowering Act (Christmas Island Act 1958) and a reference to the Gazette","Single schedule containing only a repeal, no complex amendments","No nested exceptions or elaborate procedural requirements"],"plain_english_summary":"This law lets the Christmas Island Administrator arrange and provide essential services (water, power, gas, waste, transport, schools, health) and to charge fees for them, subject to transparency and limits: fees must be published in the Gazette, set by instrument or under other law, and cannot be taxes. Unpaid fees become debts owed to the Commonwealth.\n\nIt affects all residents, businesses and visitors using those services and replaces the prior 1996 law to modernize local service governance."}},"importantCases":[],"_links":{"self":"/api/acts/christmas-island-utilities-and-services-ordinance-2016","history":"/api/acts/christmas-island-utilities-and-services-ordinance-2016/history","analysis":"/api/acts/christmas-island-utilities-and-services-ordinance-2016/analysis","conflicts":"/api/acts/christmas-island-utilities-and-services-ordinance-2016/conflicts","importantCases":"/api/acts/christmas-island-utilities-and-services-ordinance-2016/important-cases","documents":"/api/acts/christmas-island-utilities-and-services-ordinance-2016/documents"}}