{"id":"C1955A00034","name":"Cocos (Keeling) Islands Act 1955","slug":"cocos-keeling-islands-act-1955","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 1955","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1370,"registerId":"C2021C00085","compilationNumber":"13","startDate":"2020-12-18","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 27-52) of the [Territories Legislation Amendment Act 2020](/C2020A00154)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Territories Legislation Amendment Act 2020","year":2020,"number":154,"titleId":"C2020A00154","provisions":"sch 1 (items 27-52)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2021-02-09T15:20:59.300Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Cocos (Keeling) Islands Act 1955.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) This Act shall come into operation on a date to be fixed by Proclamation.\n (2) The date so fixed shall be the date on which the Cocos or Keeling Islands cease to form part of the Colony of Singapore and are placed under the authority of the Commonwealth.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied Western Australian law is amended, see subsection 8GA(4).\n\n> applied Western Australian law means a Western Australian law as in force in the Territory under section 8A.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) an officer or special officer of the police force of the Territory.\n\n> court officer of Western Australia means a person holding, or performing the functions or duties of, any of the following offices:\n\n (a) any of the following offices in a court of Western Australia:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any of the following offices in the Family Court of Western Australia:\n (i) Marshal;\n (ii) Director of Court Counselling;\n (iii) Collector of Maintenance; or\n (c) the office of Chairman, Deputy Chairman or nominee member of the Workers’ Compensation Board of Western Australia; or\n (d) any other office in respect of a court of Western Australia, being an office specified in the regulations.\n\n> court of Western Australia means any of the following courts or tribunals:\n\n (a) the Supreme Court of Western Australia;\n (b) the District Court of Western Australia;\n (c) the Family Court of Western Australia;\n (d) a Court of Petty Sessions of Western Australia;\n (e) a Local Court of Western Australia;\n (f) a coroners’ court of Western Australia;\n (g) the Children’s Court of Western Australia;\n (h) the Workers’ Compensation Board of Western Australia;\n (i) any other court or tribunal specified in the regulations.\n\n> indictment court means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted.\n\n> jurisdiction includes powers.\n\n> laws of the Territory or laws in force in the Territory means the laws in force in the Territory as mentioned in section 7A.\n\n> Ordinance means an Ordinance made under this Act.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar, in relation to an indictment court, means the registrar, or a deputy registrar, of that court.\n\n> Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory.\n\n> State includes a Territory other than the Territory.\n\n> Supreme Court of the Territory means the Supreme Court established by the Supreme Court Ordinance 1955 of the Territory.\n\n> the Islands means the Cocos or Keeling Islands situated in the Indian Ocean in or about latitude 12°5´ south and longitude 96°53´ east, including the Northern Island otherwise called North Keeling Island.\n\n> the police force of the Territory includes any police force empowered to provide police services under a law in force in the Territory.\n\n> the proclaimed date means the date fixed by Proclamation under section 2.\n\n> the Territory means the Territory of Cocos (Keeling) Islands.\n\n> Western Australian law: see subsection 8A(6).\n\n (2) In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 4A Application of the Criminal Code\n\n (1) Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 8A.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Acceptance of the Islands","content":"## Part II—Acceptance of the Islands","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Acceptance of Cocos or Keeling Islands","content":"#### 5 Acceptance of Cocos or Keeling Islands\n\n The Islands are declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Cocos (Keeling) Islands.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of rights, liabilities etc. to Commonwealth","content":"#### 6 Transfer of rights, liabilities etc. to Commonwealth\n\n (1) Subject to subsection (3), all property, rights and powers in or in connexion with the Islands, being property, rights and powers which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Singapore, or by or on behalf of the Government of the United Kingdom or of the Colony of Singapore, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.\n (2) Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom or the Government of the Colony of Singapore, in or in connexion with the Islands and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.\n (3) Subsections (1) and (2) do not apply to or in relation to:\n (a) property, rights or powers in, or in connexion with, that part of the Islands known as Direction Island, or liabilities or obligations in respect of property in that part of the Islands;\n (b) liabilities of the Colony of Singapore in respect of the payment of pensions or retiring allowances; or\n (c) liabilities relating to public loans.\n (4) In this section, property includes immovable property.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Extinguishment of certain rights and restrictions under the 1886 Indenture","content":"#### 7 Extinguishment of certain rights and restrictions under the 1886 Indenture\n\n (1) The restrictions under the 1886 Indenture relating to dealings in land in the Islands are extinguished.\n (2) All rights and powers reserved to and exercisable by or on behalf of the Queen under the 1886 Indenture are extinguished.\n (3) In this section:\n\n> the 1886 Indenture means the Indenture dated 7 July 1886 that was made between Her late Majesty Queen Victoria, the Governor of the Straits Settlements and George Clunies Ross in relation to the Islands.","sortOrder":8},{"sectionNumber":"Part III","sectionType":"part","heading":"Laws and legislative powers","content":"AND WHEREAS by the Constitution it is provided that the Parliament may make laws for the government of any territory placed by the Queen under the authority of and accepted by the Commonwealth:\n BE it therefore enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Cocos (Keeling) Islands Act 1955.\n\n#### 2 Commencement\n\n (1) This Act shall come into operation on a date to be fixed by Proclamation.\n (2) The date so fixed shall be the date on which the Cocos or Keeling Islands cease to form part of the Colony of Singapore and are placed under the authority of the Commonwealth.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied Western Australian law is amended, see subsection 8GA(4).\n\n> applied Western Australian law means a Western Australian law as in force in the Territory under section 8A.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) an officer or special officer of the police force of the Territory.\n\n> court officer of Western Australia means a person holding, or performing the functions or duties of, any of the following offices:\n\n (a) any of the following offices in a court of Western Australia:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any of the following offices in the Family Court of Western Australia:\n (i) Marshal;\n (ii) Director of Court Counselling;\n (iii) Collector of Maintenance; or\n (c) the office of Chairman, Deputy Chairman or nominee member of the Workers’ Compensation Board of Western Australia; or\n (d) any other office in respect of a court of Western Australia, being an office specified in the regulations.\n\n> court of Western Australia means any of the following courts or tribunals:\n\n (a) the Supreme Court of Western Australia;\n (b) the District Court of Western Australia;\n (c) the Family Court of Western Australia;\n (d) a Court of Petty Sessions of Western Australia;\n (e) a Local Court of Western Australia;\n (f) a coroners’ court of Western Australia;\n (g) the Children’s Court of Western Australia;\n (h) the Workers’ Compensation Board of Western Australia;\n (i) any other court or tribunal specified in the regulations.\n\n> indictment court means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted.\n\n> jurisdiction includes powers.\n\n> laws of the Territory or laws in force in the Territory means the laws in force in the Territory as mentioned in section 7A.\n\n> Ordinance means an Ordinance made under this Act.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar, in relation to an indictment court, means the registrar, or a deputy registrar, of that court.\n\n> Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory.\n\n> State includes a Territory other than the Territory.\n\n> Supreme Court of the Territory means the Supreme Court established by the Supreme Court Ordinance 1955 of the Territory.\n\n> the Islands means the Cocos or Keeling Islands situated in the Indian Ocean in or about latitude 12°5´ south and longitude 96°53´ east, including the Northern Island otherwise called North Keeling Island.\n\n> the police force of the Territory includes any police force empowered to provide police services under a law in force in the Territory.\n\n> the proclaimed date means the date fixed by Proclamation under section 2.\n\n> the Territory means the Territory of Cocos (Keeling) Islands.\n\n> Western Australian law: see subsection 8A(6).\n\n (2) In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.\n\n#### 4A Application of the Criminal Code\n\n (1) Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 8A.\n\n## Part II—Acceptance of the Islands\n\n#### 5 Acceptance of Cocos or Keeling Islands\n\n The Islands are declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Cocos (Keeling) Islands.\n\n#### 6 Transfer of rights, liabilities etc. to Commonwealth\n\n (1) Subject to subsection (3), all property, rights and powers in or in connexion with the Islands, being property, rights and powers which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Singapore, or by or on behalf of the Government of the United Kingdom or of the Colony of Singapore, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.\n (2) Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom or the Government of the Colony of Singapore, in or in connexion with the Islands and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.\n (3) Subsections (1) and (2) do not apply to or in relation to:\n (a) property, rights or powers in, or in connexion with, that part of the Islands known as Direction Island, or liabilities or obligations in respect of property in that part of the Islands;\n (b) liabilities of the Colony of Singapore in respect of the payment of pensions or retiring allowances; or\n (c) liabilities relating to public loans.\n (4) In this section, property includes immovable property.\n\n#### 7 Extinguishment of certain rights and restrictions under the 1886 Indenture\n\n (1) The restrictions under the 1886 Indenture relating to dealings in land in the Islands are extinguished.\n (2) All rights and powers reserved to and exercisable by or on behalf of the Queen under the 1886 Indenture are extinguished.\n (3) In this section:\n\n> the 1886 Indenture means the Indenture dated 7 July 1886 that was made between Her late Majesty Queen Victoria, the Governor of the Straits Settlements and George Clunies Ross in relation to the Islands.\n\n## Part III—Laws and legislative powers\n\n### Division 1—Laws of the Territory\n\n#### 7A The laws of the Territory\n\n (1) On and after 1 July 1992, the laws in force in the Territory from time to time are:\n (a) Acts as in force from time to time in or in relation to the Territory on and after that day; and\n (b) Ordinances made on or after that day as in force from time to time; and\n (c) laws as in force in the Territory in accordance with section 8; and\n (d) applied Western Australian laws.\n (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force.\n\n#### 8 Operation of existing laws etc.\n\n (1) A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.\n (2) Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.\n (3) A law specified in the Schedule may be amended or repealed by an Ordinance.\n (4) In this section:\n\n> instruments includes regulations, rules and by‑laws.\n\n> law:\n\n (a) includes a principle or rule of common law or equity; and\n (b) does not include an Act.\n\n#### 8A Application of Western Australian laws\n\n (1) Subject to this section, section 8G and Part IVAA, Western Australian laws are in force in the Territory.\n\n> Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).\n\n (2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.\n (3) An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.\n (4) To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.\n (5) For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.\n (6) A Western Australian law:\n (a) is a law in force in Western Australia from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 8B Minister must table lists of applied Western Australian Acts\n\n (1) The Minister must cause a list of Acts of the Western Australian Parliament (WA Acts) to be prepared and tabled in each House of the Parliament for the following periods:\n (a) the period of 3 months beginning on 1 July 1992; and\n (b) each subsequent period of 6 months.\n (2) The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.\n (3) The list must include WA Acts whose operation has been suspended in accordance with subsection 8A(3).\n (4) The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.\n\n#### 8C House may terminate application of Western Australian Acts in the Territory\n\n (1) In this section:\n\n> terminate means terminate the operation of a WA Act in the Territory.\n\n> WA Act means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act.\n\n> WA Acts list means a list prepared and tabled in a House of the Parliament under section 8B.\n\n (2) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) that House passes a resolution to terminate the WA Act;\n then the WA Act is terminated from the time when the resolution was passed.\n (3) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) at the expiration of 15 sitting days after the notice was given:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n then the WA Act is terminated from the expiration of that period of 15 sitting days.\n (4) If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament (the notice House):\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.\n (5) The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.\n (6) If:\n (a) a WA Act (the terminated Act) is terminated under subsection (2) or (3); and\n (b) the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;\n the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.\n (7) A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.\n\n#### 8D Extension of period for giving notice of motion to terminate WA Act\n\n (1) This section provides for an extension of time for giving a notice of a motion (the termination notice) in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.\n (2) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) that House passes a resolution to extend the period;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (3) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion (the extension notice) is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) at the expiration of 15 sitting days after the extension notice has been given in that House:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (4) If a notice of a motion (the extension notice) is given in a House of the Parliament (the notice House) for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the extension notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the following provisions apply:\n (c) the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;\n (d) the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.\n (5) In this section, terminate, WA Act and WA Acts list have the same meanings as in section 8C.\n\n#### 8E Application of Commonwealth Acts\n\n (1) An Act (whether passed before or after this section’s commencement) extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an Ordinance has no effect so far as it purports to affect the application of an Act in or in relation to the Territory.\n\n#### 8G Powers under the applied Western Australian laws\n\n (1) If, by an applied Western Australian law, a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.\n (2) If:\n (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and\n (b) subsection (1) does not apply to that power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection.\n (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2).\n\n> Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A.\n\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister.\n (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:\n (a) if authorised to do so by the direction; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister.\n Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands\n (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:\n (a) the person or authority is subject to an arrangement under section 8H and is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority established by or under a Western Australian law; or\n (iii) an officer or employee of such an authority; and\n (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands\n (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.\n\n```html\n

Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands

Item

Column 1

Column 2

1

A power that corresponds to a power vested by a Western Australian law in a police force (however described)

The Australian Federal Police

2

A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position

A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory

3

A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law

The Cocos (Keeling) Islands Shire

4

A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body

A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire

5

A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item

A person or authority prescribed by that Ordinance

\n```\n\n (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.\n (11) An instrument under this section is not a legislative instrument.\n\n#### 8GA Applied Western Australian laws—effect of directions or delegations\n\n Scope\n (1) This section applies if:\n (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or\n (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or\n (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law.\n Addition of powers\n (2) If:\n (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied Western Australian laws\n (4) An applied Western Australian law is amended if:\n (a) the applied Western Australian law is amended by an Ordinance; or\n (b) the corresponding Western Australian law is amended.\n\n#### 8H Arrangements with the Government of Western Australia\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.\n (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia established under a Western Australian law; or\n (c) an officer or employee of an authority of Western Australia established under a Western Australian law;\n in or in relation to the Territory.\n\n#### 8I Savings\n\n (1) The repeal of a law of the Territory by subsection 8(1) does not:\n (a) revive anything not in force or existing at the time of the repeal; or\n (b) affect the previous operation of the law, or anything duly done under or permitted by the law; or\n (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; or\n (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or\n (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n (2) In spite of the repeal, the law continues in force for the purposes of:\n (a) the institution or continuation of any investigation or legal proceeding mentioned in paragraph (1)(e); or\n (b) the enforcement of any remedy mentioned in paragraph (1)(e); or\n (c) the imposition of any penalty, forfeiture or punishment mentioned in paragraph (1)(e).\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 12 Legislative powers of Governor‑General\n\n (1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.\n\n#### 13 Laying of Ordinances before the Parliament\n\n (1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.\n (2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.\n (3) If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:\n (a) the notice has not been withdrawn and the motion has not been called on; or\n (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.\n (3A) If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation, as the case may be:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance shall, for the purposes of subsections (2) and (3), be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.\n (4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.\n (4A) Where:\n (a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1); and\n (b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;\n the disallowance of the relevant Ordinance or the operation of subsection (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (1), as the case may be, as if the relevant Ordinance had not been made.\n (4B) A reference in subsection (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) to a law has a corresponding meaning.\n\n#### 13A Ordinance not to be re‑made while required to be tabled\n\n (1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.\n (2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:\n (a) if the original Ordinance has been laid, in accordance with subsection 13(1), before both Houses of the Parliament on the same day—that day;\n (b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or\n (c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 13(1) could have been complied with.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n\n#### 13B Ordinance not to be re‑made while subject to disallowance\n\n (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (a) the notice has been withdrawn;\n (b) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (c) the motion has been withdrawn or otherwise disposed of; or\n (d) subsection 13(3A) has applied in relation to the Ordinance.\n (2) Where:\n (a) because of subsection 13(3A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and\n (b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;\n no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (c) the notice has been withdrawn;\n (d) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (e) the motion has been withdrawn or otherwise disposed of; or\n (f) subsection 13(3A) has applied again in relation to the Ordinance.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n (4) This section does not limit the operation of section 13A or 13C.\n (5) In this section:\n\n> Ordinance includes a part of an Ordinance.\n\n#### 13C Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves\n\n If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:\n (a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or\n (b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.\n\n#### 13D Regulations, rules and by‑laws\n\n (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.\n (1A) In subsection (1), a regulation made under a law in force in the Territory:\n (a) does not include a regulation of Western Australia as in force in the Territory under section 8A; and\n (b) includes a regulation made by a person or an authority empowered, under section 8G, to make the regulation under an applied Western Australian law.\n (2) Subsections 13(2) to (4B), inclusive, and sections 13A, 13B and 13C apply in relation to regulations laid before a House of the Parliament as if, in those provisions:\n (a) references to subsection 13(1) were references to subsection (1) of this section; and\n (b) references to an Ordinance were references to regulations; and\n (c) references to a provision of an Ordinance were references to a regulation.\n (3) In this section, regulations includes rules and by‑laws.\n\n## Part IVA—Trials on indictment\n\n#### 15AA Trials on indictment to be by judge and jury\n\n The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.\n\n#### 15AB Minister may make arrangements with States\n\n The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.\n\n#### 15AC Indictment court may sit in a State\n\n (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.\n (2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.\n (3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.\n (4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is present but, if the accused is not present, the court shall only make the order if:\n (a) the accused is represented; and\n (b) the court is satisfied that the accused understands the effect of the order.\n (5) Where an indictment court makes an order under subsection (2), the court may order that:\n (a) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a State, an indictment court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by an indictment court under subsection (6) shall be deemed to have been exercised by the court at a sittings of the court in the Territory.\n (8) Where an indictment court is sitting in a State for the purpose of a trial in that State, the court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;\n (b) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in an indictment court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) an indictment court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law in force in the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 15AD Juries outside the Territory\n\n (1) In this section:\n\n> jury list means the roll, list or book, on or in which the names of persons liable to serve as jurors appear.\n\n (2) Subject to this section and the regulations, the laws in force in a State relating to:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors; and\n (j) other matters concerning jurors (other than matters dealt with under section 15AE) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that State sitting at a place in that State, extend and shall be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in an indictment court when sitting at that place.\n (3) For the purposes of a trial in an indictment court held wholly or partly at a place in a State, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that State sitting in the same place shall be used as well for the purposes of the trial in the indictment court.\n (4) The precept for a jury shall be issued by the Registrar, or such other person holding an office in relation to the indictment court as the court directs, and the Sheriff or such other person as the court directs shall prepare the jury panels and summon jurors.\n (5) The person who has custody of the jury list referred to in subsection (3) in the State where the indictment court is holding a trial shall:\n (a) give a copy of that list to the person directed by the court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to his or her knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that State.\n (6) The Commonwealth shall pay such reasonable fee as may be demanded for a copy of a list referred to in paragraph (5)(a).\n (7) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in an indictment court held wholly or partly in a State shall be paid by the Commonwealth.\n (8) Where a law applied by this Act for the purposes of a trial in an indictment court requires an act or thing to be done by a person specified in that law, the court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the court do that act or thing, and the law shall be deemed to apply to that person accordingly.\n (9) The regulations may provide that such provisions of a law referred to in subsection (2) as are specified in the regulations do not apply or apply subject to such modifications as are specified in the regulations.\n\n#### 15AE Offences in relation to jurors\n\n (1) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n (2) A person who is served with a summons to attend as a juror in a trial in an indictment court held wholly or partly in a State shall not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the court, without the permission of the Sheriff, before being discharged or excused by a judge of the court or the Sheriff.\n\nPenalty: Imprisonment for 1 month or 2 penalty units.\n\n (2A) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n (3) A person shall not personate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months or 10 penalty units.\n\n (4) A person shall not:\n (a) engage in conduct that results in the corruption of a juror;\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n#### 15AF Removal of accused to State to stand trial\n\n (1) Where an indictment court makes an order under paragraph 15AC(5)(a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n (3) An accused delivered into custody at a prison in a State under a warrant under subsection (1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 15AG Accused to be conveyed to court\n\n (1) Where an accused has been removed to a State under this Act, a judge of an indictment court may order that the accused be conveyed to the court for the purposes of trial in that State, and any related proceedings.\n (2) Where a judge of an indictment court makes an order under subsection (1), the person who has the custody of the accused shall release the accused to a constable to enable the accused to be conveyed to the court in accordance with that order.\n\n#### 15AH Return of accused to Territory\n\n (1) Where an indictment court makes an order under paragraph 15AC(8)(b), the Registrar, a magistrate of the Territory or a person directed by the Court under that paragraph may, by warrant directed to all constables, require them to convey the accused in custody from the State in which the court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 15AI Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n Where:\n (a) a person has been tried in relation to an indictable offence against a law in force in the Territory by an indictment court sitting in a State; and\n (b) the person is convicted of that offence and sentenced to imprisonment;\n the person shall be deemed:\n (c) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (d) to have been removed to that State under that Act;\n and the provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AJ Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n Where a person who has been removed to a State under this Act:\n (a) is found to have been insane at the time of the commission of the offence;\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane;\n the person shall be deemed:\n (d) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (e) to have been removed to that State under that Act;\n and sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AK Repatriation of person tried in a State\n\n Where:\n (a) a person has been removed to a State under this Act;\n (b) the trial of the person in an indictment court sitting in that State has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n## Part IVAA—Conferral of Territory jurisdiction on Western Australian courts etc.\n\n#### 15AAA Definitions\n\n In this Part:\n\n> Family Court of Western Australia means the Court established by the Family Court Act 1975 of Western Australia.\n\n> transfer day means the day on which this Part commences.\n\n#### 15AAB Conferral of jurisdiction on Western Australian courts and court officers\n\n (1) Subject to this Part and any law in force in the Territory, the courts and court officers of Western Australia have jurisdiction (including appellate jurisdiction) in and in relation to the Territory as if the Territory were part of Western Australia.\n (2) Subject to any law in force in the Territory, a court or court officer of Western Australia may, in exercising jurisdiction under this section, sit in the Territory or Western Australia.\n (3) Subject to any law in force in the Territory, the practice and procedure applicable to a court or court officer exercising jurisdiction under this section are to be the practice and procedure as in force from time to time in relation to that court or court officer in Western Australia.\n\n#### 15AAC Transfer of Supreme Court jurisdiction\n\n (1) This section applies to the jurisdiction vested in or exercisable by the Supreme Court of the Territory or a judge of that Court immediately before the transfer day, except in relation to matters for which:\n (a) proceedings were pending in that Court immediately before that day; or\n (b) proceedings had been completed in that Court before that day.\n (2) On and after the transfer day, the jurisdiction:\n (a) ceases to be vested in the Supreme Court of the Territory or a Judge of that Court; and\n (b) is vested in:\n (i) if the Family Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Family Court of Western Australia or a Judge of that Court (as the case requires); or\n (ii) if the District Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the District Court of Western Australia or a Judge of that Court (as the case requires); or\n (iii) if the Children’s Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Children’s Court of Western Australia or a Judge of that Court (as the case requires); or\n (iv) in any other case—the Supreme Court of Western Australia or a Judge of that Court (as the case requires).\n\n#### 15AAD Transfer of pending proceedings\n\n (1) On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory (Territory Court) may apply to that Court to transfer the proceedings to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (2) If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court (State Court) and:\n (a) the State Court may hear and determine the proceedings; and\n (b) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (c) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (d) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n\n#### 15AAE Application of provisions of this Act to courts of Western Australia\n\n In relation to the exercise of jurisdiction by a court of Western Australia or a Judge or an officer mentioned in this Part, this Act has effect as if:\n (a) a reference in this Act to an indictment court included a reference to the Supreme Court of Western Australia or the District Court of Western Australia; and\n (b) a reference in this Act to a Judge of an indictment court included a reference to a Judge of the Supreme Court of Western Australia or of the District Court of Western Australia; and\n (c) a reference in this Act to the Registrar of an indictment court included a reference to:\n (i) a person who has the powers of the Registrar of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of a judge of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (d) a reference in this Act to the Sheriff of an indictment court included a reference to:\n (i) a person who has the powers of the sheriff of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of the sheriff of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (e) a reference in section 16 to a Territory court included a reference to a Western Australian court exercising jurisdiction in or in relation to the Territory under a law of the Territory; and\n (f) a reference in paragraph 16(c) to a person who holds an office in relation to a Territory court included a reference to a person who has the powers mentioned in that paragraph in relation to the Territory under a law of the Territory.\n\n#### 15AAF Savings—jurisdiction of Supreme Court of the Territory on and after transfer day\n\n Part IVAA of this Act as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.\n\n#### 15AAG Abolition of Supreme Court of the Territory\n\n The Supreme Court of the Territory is abolished on a day to be fixed by Proclamation, being a day on which no person holds office as a judge of that Court.\n\n#### 15AAH Transitional provisions after abolition of Supreme Court\n\n (1) In this section:\n\n> proclaimed day means the day to be fixed by Proclamation under section 15AAG.\n\n> State Court means the Court to which proceedings are transferred under subsection (2).\n\n> Territory Court means the Supreme Court of the Territory.\n\n (2) As soon as practicable after no person holds office as a Judge of the Territory Court, the Registrar of the Court must transfer all proceedings in the Court (including completed proceedings) to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (3) If proceedings are transferred under subsection (2):\n (a) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (b) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (c) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n (4) If proceedings transferred under subsection (2) were not completed before the proclaimed day, the State Court may:\n (a) hear, or further hear, the proceedings; and\n (b) determine the proceedings; and\n (c) have regard to any evidence or argument in the proceedings in the Territory Court.\n\n#### 15AAI References to courts of Territory—transitional\n\n (1) Unless the contrary intention appears:\n (a) a reference in any Act to the Supreme Court of the Territory is taken to include a reference to the Supreme Court of Western Australia exercising jurisdiction in or in relation to the Territory under this Act; and\n (b) a reference in any Act to courts of the Territory is taken to include a reference to courts of Western Australia exercising jurisdiction in or in relation to the Territory under this Act.\n (2) Subsection (1) does not apply to a reference in the Federal Court of Australia Act 1976.\n\n## Part V—Miscellaneous\n\n#### 15A Appointment of officers\n\n (1) In spite of the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (3) Nothing in this section shall be deemed to prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 16 Sittings of courts etc.\n\n (1) Provision may be made by Ordinance for and in relation to:\n (a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;\n (b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and\n (c) where a power is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power at places in Australia outside the Territory.\n (2) A reference in subsection (1) to a Territory court is a reference to a court having jurisdiction in the Territory.\n\n#### 17 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.\n (2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 18 Continuation of Malay customs\n\n The institutions, customs and usages of the Malay residents of the Territory shall, subject to any law in force in the Territory from time to time, be permitted to continue in existence.\n\n#### 18A Exemption from customs duty of goods produced in the Territory\n\n Duties of Customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory;\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a Duty of Excise.\n\n#### 18B Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of a law of the Territory (including a law made before this section’s commencement) under which:\n (a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such lands may be executed; or\n (c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.\n (2) A law of the Territory mentioned in subsection (1) which provides for the acquisition of land must provide that land is not to be acquired otherwise than on just terms.\n\n#### 19 Audit\n\n The accounts of the Territory are subject to inspection and audit by the Auditor‑General for the Commonwealth.\n\n#### 19A Ordinances—incorporation of matters by reference\n\n (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time.\n (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia.\n\n#### 20 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:\n (a) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 15 penalty units, for offences against the regulations; and\n (b) making saving or transitional provisions in relation to the abolition of any court established by a law of the Territory.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Laws of the Territory","content":"AND WHEREAS by the Constitution it is provided that the Parliament may make laws for the government of any territory placed by the Queen under the authority of and accepted by the Commonwealth:\n BE it therefore enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Cocos (Keeling) Islands Act 1955.\n\n#### 2 Commencement\n\n (1) This Act shall come into operation on a date to be fixed by Proclamation.\n (2) The date so fixed shall be the date on which the Cocos or Keeling Islands cease to form part of the Colony of Singapore and are placed under the authority of the Commonwealth.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied Western Australian law is amended, see subsection 8GA(4).\n\n> applied Western Australian law means a Western Australian law as in force in the Territory under section 8A.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) an officer or special officer of the police force of the Territory.\n\n> court officer of Western Australia means a person holding, or performing the functions or duties of, any of the following offices:\n\n (a) any of the following offices in a court of Western Australia:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any of the following offices in the Family Court of Western Australia:\n (i) Marshal;\n (ii) Director of Court Counselling;\n (iii) Collector of Maintenance; or\n (c) the office of Chairman, Deputy Chairman or nominee member of the Workers’ Compensation Board of Western Australia; or\n (d) any other office in respect of a court of Western Australia, being an office specified in the regulations.\n\n> court of Western Australia means any of the following courts or tribunals:\n\n (a) the Supreme Court of Western Australia;\n (b) the District Court of Western Australia;\n (c) the Family Court of Western Australia;\n (d) a Court of Petty Sessions of Western Australia;\n (e) a Local Court of Western Australia;\n (f) a coroners’ court of Western Australia;\n (g) the Children’s Court of Western Australia;\n (h) the Workers’ Compensation Board of Western Australia;\n (i) any other court or tribunal specified in the regulations.\n\n> indictment court means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted.\n\n> jurisdiction includes powers.\n\n> laws of the Territory or laws in force in the Territory means the laws in force in the Territory as mentioned in section 7A.\n\n> Ordinance means an Ordinance made under this Act.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar, in relation to an indictment court, means the registrar, or a deputy registrar, of that court.\n\n> Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory.\n\n> State includes a Territory other than the Territory.\n\n> Supreme Court of the Territory means the Supreme Court established by the Supreme Court Ordinance 1955 of the Territory.\n\n> the Islands means the Cocos or Keeling Islands situated in the Indian Ocean in or about latitude 12°5´ south and longitude 96°53´ east, including the Northern Island otherwise called North Keeling Island.\n\n> the police force of the Territory includes any police force empowered to provide police services under a law in force in the Territory.\n\n> the proclaimed date means the date fixed by Proclamation under section 2.\n\n> the Territory means the Territory of Cocos (Keeling) Islands.\n\n> Western Australian law: see subsection 8A(6).\n\n (2) In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.\n\n#### 4A Application of the Criminal Code\n\n (1) Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 8A.\n\n## Part II—Acceptance of the Islands\n\n#### 5 Acceptance of Cocos or Keeling Islands\n\n The Islands are declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Cocos (Keeling) Islands.\n\n#### 6 Transfer of rights, liabilities etc. to Commonwealth\n\n (1) Subject to subsection (3), all property, rights and powers in or in connexion with the Islands, being property, rights and powers which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Singapore, or by or on behalf of the Government of the United Kingdom or of the Colony of Singapore, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.\n (2) Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom or the Government of the Colony of Singapore, in or in connexion with the Islands and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.\n (3) Subsections (1) and (2) do not apply to or in relation to:\n (a) property, rights or powers in, or in connexion with, that part of the Islands known as Direction Island, or liabilities or obligations in respect of property in that part of the Islands;\n (b) liabilities of the Colony of Singapore in respect of the payment of pensions or retiring allowances; or\n (c) liabilities relating to public loans.\n (4) In this section, property includes immovable property.\n\n#### 7 Extinguishment of certain rights and restrictions under the 1886 Indenture\n\n (1) The restrictions under the 1886 Indenture relating to dealings in land in the Islands are extinguished.\n (2) All rights and powers reserved to and exercisable by or on behalf of the Queen under the 1886 Indenture are extinguished.\n (3) In this section:\n\n> the 1886 Indenture means the Indenture dated 7 July 1886 that was made between Her late Majesty Queen Victoria, the Governor of the Straits Settlements and George Clunies Ross in relation to the Islands.\n\n## Part III—Laws and legislative powers\n\n### Division 1—Laws of the Territory\n\n#### 7A The laws of the Territory\n\n (1) On and after 1 July 1992, the laws in force in the Territory from time to time are:\n (a) Acts as in force from time to time in or in relation to the Territory on and after that day; and\n (b) Ordinances made on or after that day as in force from time to time; and\n (c) laws as in force in the Territory in accordance with section 8; and\n (d) applied Western Australian laws.\n (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force.\n\n#### 8 Operation of existing laws etc.\n\n (1) A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.\n (2) Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.\n (3) A law specified in the Schedule may be amended or repealed by an Ordinance.\n (4) In this section:\n\n> instruments includes regulations, rules and by‑laws.\n\n> law:\n\n (a) includes a principle or rule of common law or equity; and\n (b) does not include an Act.\n\n#### 8A Application of Western Australian laws\n\n (1) Subject to this section, section 8G and Part IVAA, Western Australian laws are in force in the Territory.\n\n> Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).\n\n (2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.\n (3) An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.\n (4) To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.\n (5) For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.\n (6) A Western Australian law:\n (a) is a law in force in Western Australia from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 8B Minister must table lists of applied Western Australian Acts\n\n (1) The Minister must cause a list of Acts of the Western Australian Parliament (WA Acts) to be prepared and tabled in each House of the Parliament for the following periods:\n (a) the period of 3 months beginning on 1 July 1992; and\n (b) each subsequent period of 6 months.\n (2) The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.\n (3) The list must include WA Acts whose operation has been suspended in accordance with subsection 8A(3).\n (4) The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.\n\n#### 8C House may terminate application of Western Australian Acts in the Territory\n\n (1) In this section:\n\n> terminate means terminate the operation of a WA Act in the Territory.\n\n> WA Act means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act.\n\n> WA Acts list means a list prepared and tabled in a House of the Parliament under section 8B.\n\n (2) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) that House passes a resolution to terminate the WA Act;\n then the WA Act is terminated from the time when the resolution was passed.\n (3) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) at the expiration of 15 sitting days after the notice was given:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n then the WA Act is terminated from the expiration of that period of 15 sitting days.\n (4) If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament (the notice House):\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.\n (5) The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.\n (6) If:\n (a) a WA Act (the terminated Act) is terminated under subsection (2) or (3); and\n (b) the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;\n the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.\n (7) A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.\n\n#### 8D Extension of period for giving notice of motion to terminate WA Act\n\n (1) This section provides for an extension of time for giving a notice of a motion (the termination notice) in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.\n (2) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) that House passes a resolution to extend the period;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (3) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion (the extension notice) is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) at the expiration of 15 sitting days after the extension notice has been given in that House:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (4) If a notice of a motion (the extension notice) is given in a House of the Parliament (the notice House) for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the extension notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the following provisions apply:\n (c) the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;\n (d) the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.\n (5) In this section, terminate, WA Act and WA Acts list have the same meanings as in section 8C.\n\n#### 8E Application of Commonwealth Acts\n\n (1) An Act (whether passed before or after this section’s commencement) extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an Ordinance has no effect so far as it purports to affect the application of an Act in or in relation to the Territory.\n\n#### 8G Powers under the applied Western Australian laws\n\n (1) If, by an applied Western Australian law, a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.\n (2) If:\n (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and\n (b) subsection (1) does not apply to that power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection.\n (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2).\n\n> Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A.\n\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister.\n (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:\n (a) if authorised to do so by the direction; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister.\n Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands\n (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:\n (a) the person or authority is subject to an arrangement under section 8H and is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority established by or under a Western Australian law; or\n (iii) an officer or employee of such an authority; and\n (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands\n (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.\n\n```html\n

Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands

Item

Column 1

Column 2

1

A power that corresponds to a power vested by a Western Australian law in a police force (however described)

The Australian Federal Police

2

A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position

A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory

3

A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law

The Cocos (Keeling) Islands Shire

4

A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body

A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire

5

A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item

A person or authority prescribed by that Ordinance

\n```\n\n (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.\n (11) An instrument under this section is not a legislative instrument.\n\n#### 8GA Applied Western Australian laws—effect of directions or delegations\n\n Scope\n (1) This section applies if:\n (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or\n (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or\n (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law.\n Addition of powers\n (2) If:\n (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied Western Australian laws\n (4) An applied Western Australian law is amended if:\n (a) the applied Western Australian law is amended by an Ordinance; or\n (b) the corresponding Western Australian law is amended.\n\n#### 8H Arrangements with the Government of Western Australia\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.\n (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia established under a Western Australian law; or\n (c) an officer or employee of an authority of Western Australia established under a Western Australian law;\n in or in relation to the Territory.\n\n#### 8I Savings\n\n (1) The repeal of a law of the Territory by subsection 8(1) does not:\n (a) revive anything not in force or existing at the time of the repeal; or\n (b) affect the previous operation of the law, or anything duly done under or permitted by the law; or\n (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; or\n (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or\n (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n (2) In spite of the repeal, the law continues in force for the purposes of:\n (a) the institution or continuation of any investigation or legal proceeding mentioned in paragraph (1)(e); or\n (b) the enforcement of any remedy mentioned in paragraph (1)(e); or\n (c) the imposition of any penalty, forfeiture or punishment mentioned in paragraph (1)(e).\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 12 Legislative powers of Governor‑General\n\n (1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.\n\n#### 13 Laying of Ordinances before the Parliament\n\n (1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.\n (2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.\n (3) If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:\n (a) the notice has not been withdrawn and the motion has not been called on; or\n (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.\n (3A) If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation, as the case may be:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance shall, for the purposes of subsections (2) and (3), be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.\n (4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.\n (4A) Where:\n (a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1); and\n (b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;\n the disallowance of the relevant Ordinance or the operation of subsection (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (1), as the case may be, as if the relevant Ordinance had not been made.\n (4B) A reference in subsection (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) to a law has a corresponding meaning.\n\n#### 13A Ordinance not to be re‑made while required to be tabled\n\n (1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.\n (2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:\n (a) if the original Ordinance has been laid, in accordance with subsection 13(1), before both Houses of the Parliament on the same day—that day;\n (b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or\n (c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 13(1) could have been complied with.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n\n#### 13B Ordinance not to be re‑made while subject to disallowance\n\n (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (a) the notice has been withdrawn;\n (b) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (c) the motion has been withdrawn or otherwise disposed of; or\n (d) subsection 13(3A) has applied in relation to the Ordinance.\n (2) Where:\n (a) because of subsection 13(3A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and\n (b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;\n no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (c) the notice has been withdrawn;\n (d) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (e) the motion has been withdrawn or otherwise disposed of; or\n (f) subsection 13(3A) has applied again in relation to the Ordinance.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n (4) This section does not limit the operation of section 13A or 13C.\n (5) In this section:\n\n> Ordinance includes a part of an Ordinance.\n\n#### 13C Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves\n\n If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:\n (a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or\n (b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.\n\n#### 13D Regulations, rules and by‑laws\n\n (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.\n (1A) In subsection (1), a regulation made under a law in force in the Territory:\n (a) does not include a regulation of Western Australia as in force in the Territory under section 8A; and\n (b) includes a regulation made by a person or an authority empowered, under section 8G, to make the regulation under an applied Western Australian law.\n (2) Subsections 13(2) to (4B), inclusive, and sections 13A, 13B and 13C apply in relation to regulations laid before a House of the Parliament as if, in those provisions:\n (a) references to subsection 13(1) were references to subsection (1) of this section; and\n (b) references to an Ordinance were references to regulations; and\n (c) references to a provision of an Ordinance were references to a regulation.\n (3) In this section, regulations includes rules and by‑laws.\n\n## Part IVA—Trials on indictment\n\n#### 15AA Trials on indictment to be by judge and jury\n\n The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.\n\n#### 15AB Minister may make arrangements with States\n\n The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.\n\n#### 15AC Indictment court may sit in a State\n\n (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.\n (2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.\n (3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.\n (4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is present but, if the accused is not present, the court shall only make the order if:\n (a) the accused is represented; and\n (b) the court is satisfied that the accused understands the effect of the order.\n (5) Where an indictment court makes an order under subsection (2), the court may order that:\n (a) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a State, an indictment court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by an indictment court under subsection (6) shall be deemed to have been exercised by the court at a sittings of the court in the Territory.\n (8) Where an indictment court is sitting in a State for the purpose of a trial in that State, the court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;\n (b) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in an indictment court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) an indictment court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law in force in the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 15AD Juries outside the Territory\n\n (1) In this section:\n\n> jury list means the roll, list or book, on or in which the names of persons liable to serve as jurors appear.\n\n (2) Subject to this section and the regulations, the laws in force in a State relating to:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors; and\n (j) other matters concerning jurors (other than matters dealt with under section 15AE) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that State sitting at a place in that State, extend and shall be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in an indictment court when sitting at that place.\n (3) For the purposes of a trial in an indictment court held wholly or partly at a place in a State, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that State sitting in the same place shall be used as well for the purposes of the trial in the indictment court.\n (4) The precept for a jury shall be issued by the Registrar, or such other person holding an office in relation to the indictment court as the court directs, and the Sheriff or such other person as the court directs shall prepare the jury panels and summon jurors.\n (5) The person who has custody of the jury list referred to in subsection (3) in the State where the indictment court is holding a trial shall:\n (a) give a copy of that list to the person directed by the court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to his or her knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that State.\n (6) The Commonwealth shall pay such reasonable fee as may be demanded for a copy of a list referred to in paragraph (5)(a).\n (7) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in an indictment court held wholly or partly in a State shall be paid by the Commonwealth.\n (8) Where a law applied by this Act for the purposes of a trial in an indictment court requires an act or thing to be done by a person specified in that law, the court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the court do that act or thing, and the law shall be deemed to apply to that person accordingly.\n (9) The regulations may provide that such provisions of a law referred to in subsection (2) as are specified in the regulations do not apply or apply subject to such modifications as are specified in the regulations.\n\n#### 15AE Offences in relation to jurors\n\n (1) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n (2) A person who is served with a summons to attend as a juror in a trial in an indictment court held wholly or partly in a State shall not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the court, without the permission of the Sheriff, before being discharged or excused by a judge of the court or the Sheriff.\n\nPenalty: Imprisonment for 1 month or 2 penalty units.\n\n (2A) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n (3) A person shall not personate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months or 10 penalty units.\n\n (4) A person shall not:\n (a) engage in conduct that results in the corruption of a juror;\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n#### 15AF Removal of accused to State to stand trial\n\n (1) Where an indictment court makes an order under paragraph 15AC(5)(a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n (3) An accused delivered into custody at a prison in a State under a warrant under subsection (1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 15AG Accused to be conveyed to court\n\n (1) Where an accused has been removed to a State under this Act, a judge of an indictment court may order that the accused be conveyed to the court for the purposes of trial in that State, and any related proceedings.\n (2) Where a judge of an indictment court makes an order under subsection (1), the person who has the custody of the accused shall release the accused to a constable to enable the accused to be conveyed to the court in accordance with that order.\n\n#### 15AH Return of accused to Territory\n\n (1) Where an indictment court makes an order under paragraph 15AC(8)(b), the Registrar, a magistrate of the Territory or a person directed by the Court under that paragraph may, by warrant directed to all constables, require them to convey the accused in custody from the State in which the court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 15AI Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n Where:\n (a) a person has been tried in relation to an indictable offence against a law in force in the Territory by an indictment court sitting in a State; and\n (b) the person is convicted of that offence and sentenced to imprisonment;\n the person shall be deemed:\n (c) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (d) to have been removed to that State under that Act;\n and the provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AJ Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n Where a person who has been removed to a State under this Act:\n (a) is found to have been insane at the time of the commission of the offence;\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane;\n the person shall be deemed:\n (d) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (e) to have been removed to that State under that Act;\n and sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AK Repatriation of person tried in a State\n\n Where:\n (a) a person has been removed to a State under this Act;\n (b) the trial of the person in an indictment court sitting in that State has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n## Part IVAA—Conferral of Territory jurisdiction on Western Australian courts etc.\n\n#### 15AAA Definitions\n\n In this Part:\n\n> Family Court of Western Australia means the Court established by the Family Court Act 1975 of Western Australia.\n\n> transfer day means the day on which this Part commences.\n\n#### 15AAB Conferral of jurisdiction on Western Australian courts and court officers\n\n (1) Subject to this Part and any law in force in the Territory, the courts and court officers of Western Australia have jurisdiction (including appellate jurisdiction) in and in relation to the Territory as if the Territory were part of Western Australia.\n (2) Subject to any law in force in the Territory, a court or court officer of Western Australia may, in exercising jurisdiction under this section, sit in the Territory or Western Australia.\n (3) Subject to any law in force in the Territory, the practice and procedure applicable to a court or court officer exercising jurisdiction under this section are to be the practice and procedure as in force from time to time in relation to that court or court officer in Western Australia.\n\n#### 15AAC Transfer of Supreme Court jurisdiction\n\n (1) This section applies to the jurisdiction vested in or exercisable by the Supreme Court of the Territory or a judge of that Court immediately before the transfer day, except in relation to matters for which:\n (a) proceedings were pending in that Court immediately before that day; or\n (b) proceedings had been completed in that Court before that day.\n (2) On and after the transfer day, the jurisdiction:\n (a) ceases to be vested in the Supreme Court of the Territory or a Judge of that Court; and\n (b) is vested in:\n (i) if the Family Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Family Court of Western Australia or a Judge of that Court (as the case requires); or\n (ii) if the District Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the District Court of Western Australia or a Judge of that Court (as the case requires); or\n (iii) if the Children’s Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Children’s Court of Western Australia or a Judge of that Court (as the case requires); or\n (iv) in any other case—the Supreme Court of Western Australia or a Judge of that Court (as the case requires).\n\n#### 15AAD Transfer of pending proceedings\n\n (1) On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory (Territory Court) may apply to that Court to transfer the proceedings to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (2) If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court (State Court) and:\n (a) the State Court may hear and determine the proceedings; and\n (b) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (c) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (d) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n\n#### 15AAE Application of provisions of this Act to courts of Western Australia\n\n In relation to the exercise of jurisdiction by a court of Western Australia or a Judge or an officer mentioned in this Part, this Act has effect as if:\n (a) a reference in this Act to an indictment court included a reference to the Supreme Court of Western Australia or the District Court of Western Australia; and\n (b) a reference in this Act to a Judge of an indictment court included a reference to a Judge of the Supreme Court of Western Australia or of the District Court of Western Australia; and\n (c) a reference in this Act to the Registrar of an indictment court included a reference to:\n (i) a person who has the powers of the Registrar of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of a judge of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (d) a reference in this Act to the Sheriff of an indictment court included a reference to:\n (i) a person who has the powers of the sheriff of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of the sheriff of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (e) a reference in section 16 to a Territory court included a reference to a Western Australian court exercising jurisdiction in or in relation to the Territory under a law of the Territory; and\n (f) a reference in paragraph 16(c) to a person who holds an office in relation to a Territory court included a reference to a person who has the powers mentioned in that paragraph in relation to the Territory under a law of the Territory.\n\n#### 15AAF Savings—jurisdiction of Supreme Court of the Territory on and after transfer day\n\n Part IVAA of this Act as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.\n\n#### 15AAG Abolition of Supreme Court of the Territory\n\n The Supreme Court of the Territory is abolished on a day to be fixed by Proclamation, being a day on which no person holds office as a judge of that Court.\n\n#### 15AAH Transitional provisions after abolition of Supreme Court\n\n (1) In this section:\n\n> proclaimed day means the day to be fixed by Proclamation under section 15AAG.\n\n> State Court means the Court to which proceedings are transferred under subsection (2).\n\n> Territory Court means the Supreme Court of the Territory.\n\n (2) As soon as practicable after no person holds office as a Judge of the Territory Court, the Registrar of the Court must transfer all proceedings in the Court (including completed proceedings) to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (3) If proceedings are transferred under subsection (2):\n (a) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (b) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (c) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n (4) If proceedings transferred under subsection (2) were not completed before the proclaimed day, the State Court may:\n (a) hear, or further hear, the proceedings; and\n (b) determine the proceedings; and\n (c) have regard to any evidence or argument in the proceedings in the Territory Court.\n\n#### 15AAI References to courts of Territory—transitional\n\n (1) Unless the contrary intention appears:\n (a) a reference in any Act to the Supreme Court of the Territory is taken to include a reference to the Supreme Court of Western Australia exercising jurisdiction in or in relation to the Territory under this Act; and\n (b) a reference in any Act to courts of the Territory is taken to include a reference to courts of Western Australia exercising jurisdiction in or in relation to the Territory under this Act.\n (2) Subsection (1) does not apply to a reference in the Federal Court of Australia Act 1976.\n\n## Part V—Miscellaneous\n\n#### 15A Appointment of officers\n\n (1) In spite of the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (3) Nothing in this section shall be deemed to prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 16 Sittings of courts etc.\n\n (1) Provision may be made by Ordinance for and in relation to:\n (a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;\n (b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and\n (c) where a power is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power at places in Australia outside the Territory.\n (2) A reference in subsection (1) to a Territory court is a reference to a court having jurisdiction in the Territory.\n\n#### 17 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.\n (2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 18 Continuation of Malay customs\n\n The institutions, customs and usages of the Malay residents of the Territory shall, subject to any law in force in the Territory from time to time, be permitted to continue in existence.\n\n#### 18A Exemption from customs duty of goods produced in the Territory\n\n Duties of Customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory;\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a Duty of Excise.\n\n#### 18B Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of a law of the Territory (including a law made before this section’s commencement) under which:\n (a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such lands may be executed; or\n (c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.\n (2) A law of the Territory mentioned in subsection (1) which provides for the acquisition of land must provide that land is not to be acquired otherwise than on just terms.\n\n#### 19 Audit\n\n The accounts of the Territory are subject to inspection and audit by the Auditor‑General for the Commonwealth.\n\n#### 19A Ordinances—incorporation of matters by reference\n\n (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time.\n (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia.\n\n#### 20 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:\n (a) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 15 penalty units, for offences against the regulations; and\n (b) making saving or transitional provisions in relation to the abolition of any court established by a law of the Territory.","sortOrder":10},{"sectionNumber":"7A","sectionType":"section","heading":"The laws of the Territory","content":"#### 7A The laws of the Territory\n\n (1) On and after 1 July 1992, the laws in force in the Territory from time to time are:\n (a) Acts as in force from time to time in or in relation to the Territory on and after that day; and\n (b) Ordinances made on or after that day as in force from time to time; and\n (c) laws as in force in the Territory in accordance with section 8; and\n (d) applied Western Australian laws.\n (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Operation of existing laws etc.","content":"#### 8 Operation of existing laws etc.\n\n (1) A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.\n (2) Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.\n (3) A law specified in the Schedule may be amended or repealed by an Ordinance.\n (4) In this section:\n\n> instruments includes regulations, rules and by‑laws.\n\n> law:\n\n (a) includes a principle or rule of common law or equity; and\n (b) does not include an Act.","sortOrder":12},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Western Australian laws","content":"#### 8A Application of Western Australian laws\n\n (1) Subject to this section, section 8G and Part IVAA, Western Australian laws are in force in the Territory.\n\n> Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).\n\n (2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.\n (3) An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.\n (4) To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.\n (5) For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.\n (6) A Western Australian law:\n (a) is a law in force in Western Australia from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.","sortOrder":13},{"sectionNumber":"8B","sectionType":"section","heading":"Minister must table lists of applied Western Australian Acts","content":"#### 8B Minister must table lists of applied Western Australian Acts\n\n (1) The Minister must cause a list of Acts of the Western Australian Parliament (WA Acts) to be prepared and tabled in each House of the Parliament for the following periods:\n (a) the period of 3 months beginning on 1 July 1992; and\n (b) each subsequent period of 6 months.\n (2) The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.\n (3) The list must include WA Acts whose operation has been suspended in accordance with subsection 8A(3).\n (4) The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.","sortOrder":14},{"sectionNumber":"8C","sectionType":"section","heading":"House may terminate application of Western Australian Acts in the Territory","content":"#### 8C House may terminate application of Western Australian Acts in the Territory\n\n (1) In this section:\n\n> terminate means terminate the operation of a WA Act in the Territory.\n\n> WA Act means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act.\n\n> WA Acts list means a list prepared and tabled in a House of the Parliament under section 8B.\n\n (2) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) that House passes a resolution to terminate the WA Act;\n then the WA Act is terminated from the time when the resolution was passed.\n (3) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) at the expiration of 15 sitting days after the notice was given:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n then the WA Act is terminated from the expiration of that period of 15 sitting days.\n (4) If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament (the notice House):\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.\n (5) The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.\n (6) If:\n (a) a WA Act (the terminated Act) is terminated under subsection (2) or (3); and\n (b) the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;\n the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.\n (7) A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.","sortOrder":15},{"sectionNumber":"8D","sectionType":"section","heading":"Extension of period for giving notice of motion to terminate WA Act","content":"#### 8D Extension of period for giving notice of motion to terminate WA Act\n\n (1) This section provides for an extension of time for giving a notice of a motion (the termination notice) in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.\n (2) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) that House passes a resolution to extend the period;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (3) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion (the extension notice) is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) at the expiration of 15 sitting days after the extension notice has been given in that House:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (4) If a notice of a motion (the extension notice) is given in a House of the Parliament (the notice House) for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the extension notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the following provisions apply:\n (c) the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;\n (d) the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.\n (5) In this section, terminate, WA Act and WA Acts list have the same meanings as in section 8C.","sortOrder":16},{"sectionNumber":"8E","sectionType":"section","heading":"Application of Commonwealth Acts","content":"#### 8E Application of Commonwealth Acts\n\n (1) An Act (whether passed before or after this section’s commencement) extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an Ordinance has no effect so far as it purports to affect the application of an Act in or in relation to the Territory.","sortOrder":17},{"sectionNumber":"8G","sectionType":"section","heading":"Powers under the applied Western Australian laws","content":"#### 8G Powers under the applied Western Australian laws\n\n (1) If, by an applied Western Australian law, a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.\n (2) If:\n (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and\n (b) subsection (1) does not apply to that power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection.\n (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2).\n\n> Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A.\n\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister.\n (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:\n (a) if authorised to do so by the direction; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister.\n Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands\n (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:\n (a) the person or authority is subject to an arrangement under section 8H and is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority established by or under a Western Australian law; or\n (iii) an officer or employee of such an authority; and\n (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands\n (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.\n\n```html\n

Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands

Item

Column 1

Column 2

1

A power that corresponds to a power vested by a Western Australian law in a police force (however described)

The Australian Federal Police

2

A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position

A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory

3

A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law

The Cocos (Keeling) Islands Shire

4

A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body

A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire

5

A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item

A person or authority prescribed by that Ordinance

\n```\n\n (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.\n (11) An instrument under this section is not a legislative instrument.","sortOrder":18},{"sectionNumber":"8GA","sectionType":"section","heading":"Applied Western Australian laws—effect of directions or delegations","content":"#### 8GA Applied Western Australian laws—effect of directions or delegations\n\n Scope\n (1) This section applies if:\n (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or\n (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or\n (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law.\n Addition of powers\n (2) If:\n (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied Western Australian laws\n (4) An applied Western Australian law is amended if:\n (a) the applied Western Australian law is amended by an Ordinance; or\n (b) the corresponding Western Australian law is amended.","sortOrder":19},{"sectionNumber":"8H","sectionType":"section","heading":"Arrangements with the Government of Western Australia","content":"#### 8H Arrangements with the Government of Western Australia\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.\n (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia established under a Western Australian law; or\n (c) an officer or employee of an authority of Western Australia established under a Western Australian law;\n in or in relation to the Territory.","sortOrder":20},{"sectionNumber":"8I","sectionType":"section","heading":"Savings","content":"#### 8I Savings\n\n (1) The repeal of a law of the Territory by subsection 8(1) does not:\n (a) revive anything not in force or existing at the time of the repeal; or\n (b) affect the previous operation of the law, or anything duly done under or permitted by the law; or\n (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; or\n (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or\n (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n (2) In spite of the repeal, the law continues in force for the purposes of:\n (a) the institution or continuation of any investigation or legal proceeding mentioned in paragraph (1)(e); or\n (b) the enforcement of any remedy mentioned in paragraph (1)(e); or\n (c) the imposition of any penalty, forfeiture or punishment mentioned in paragraph (1)(e).","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Legislative powers of the Governor‑General","content":"AND WHEREAS by the Constitution it is provided that the Parliament may make laws for the government of any territory placed by the Queen under the authority of and accepted by the Commonwealth:\n BE it therefore enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Cocos (Keeling) Islands Act 1955.\n\n#### 2 Commencement\n\n (1) This Act shall come into operation on a date to be fixed by Proclamation.\n (2) The date so fixed shall be the date on which the Cocos or Keeling Islands cease to form part of the Colony of Singapore and are placed under the authority of the Commonwealth.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied Western Australian law is amended, see subsection 8GA(4).\n\n> applied Western Australian law means a Western Australian law as in force in the Territory under section 8A.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) an officer or special officer of the police force of the Territory.\n\n> court officer of Western Australia means a person holding, or performing the functions or duties of, any of the following offices:\n\n (a) any of the following offices in a court of Western Australia:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any of the following offices in the Family Court of Western Australia:\n (i) Marshal;\n (ii) Director of Court Counselling;\n (iii) Collector of Maintenance; or\n (c) the office of Chairman, Deputy Chairman or nominee member of the Workers’ Compensation Board of Western Australia; or\n (d) any other office in respect of a court of Western Australia, being an office specified in the regulations.\n\n> court of Western Australia means any of the following courts or tribunals:\n\n (a) the Supreme Court of Western Australia;\n (b) the District Court of Western Australia;\n (c) the Family Court of Western Australia;\n (d) a Court of Petty Sessions of Western Australia;\n (e) a Local Court of Western Australia;\n (f) a coroners’ court of Western Australia;\n (g) the Children’s Court of Western Australia;\n (h) the Workers’ Compensation Board of Western Australia;\n (i) any other court or tribunal specified in the regulations.\n\n> indictment court means a court established by a law of the Territory (whether before or after the commencement of this definition) in which trials on indictment of offences against laws in force in the Territory may be conducted.\n\n> jurisdiction includes powers.\n\n> laws of the Territory or laws in force in the Territory means the laws in force in the Territory as mentioned in section 7A.\n\n> Ordinance means an Ordinance made under this Act.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar, in relation to an indictment court, means the registrar, or a deputy registrar, of that court.\n\n> Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory.\n\n> State includes a Territory other than the Territory.\n\n> Supreme Court of the Territory means the Supreme Court established by the Supreme Court Ordinance 1955 of the Territory.\n\n> the Islands means the Cocos or Keeling Islands situated in the Indian Ocean in or about latitude 12°5´ south and longitude 96°53´ east, including the Northern Island otherwise called North Keeling Island.\n\n> the police force of the Territory includes any police force empowered to provide police services under a law in force in the Territory.\n\n> the proclaimed date means the date fixed by Proclamation under section 2.\n\n> the Territory means the Territory of Cocos (Keeling) Islands.\n\n> Western Australian law: see subsection 8A(6).\n\n (2) In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.\n\n#### 4A Application of the Criminal Code\n\n (1) Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 8A.\n\n## Part II—Acceptance of the Islands\n\n#### 5 Acceptance of Cocos or Keeling Islands\n\n The Islands are declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Cocos (Keeling) Islands.\n\n#### 6 Transfer of rights, liabilities etc. to Commonwealth\n\n (1) Subject to subsection (3), all property, rights and powers in or in connexion with the Islands, being property, rights and powers which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Singapore, or by or on behalf of the Government of the United Kingdom or of the Colony of Singapore, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.\n (2) Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom or the Government of the Colony of Singapore, in or in connexion with the Islands and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.\n (3) Subsections (1) and (2) do not apply to or in relation to:\n (a) property, rights or powers in, or in connexion with, that part of the Islands known as Direction Island, or liabilities or obligations in respect of property in that part of the Islands;\n (b) liabilities of the Colony of Singapore in respect of the payment of pensions or retiring allowances; or\n (c) liabilities relating to public loans.\n (4) In this section, property includes immovable property.\n\n#### 7 Extinguishment of certain rights and restrictions under the 1886 Indenture\n\n (1) The restrictions under the 1886 Indenture relating to dealings in land in the Islands are extinguished.\n (2) All rights and powers reserved to and exercisable by or on behalf of the Queen under the 1886 Indenture are extinguished.\n (3) In this section:\n\n> the 1886 Indenture means the Indenture dated 7 July 1886 that was made between Her late Majesty Queen Victoria, the Governor of the Straits Settlements and George Clunies Ross in relation to the Islands.\n\n## Part III—Laws and legislative powers\n\n### Division 1—Laws of the Territory\n\n#### 7A The laws of the Territory\n\n (1) On and after 1 July 1992, the laws in force in the Territory from time to time are:\n (a) Acts as in force from time to time in or in relation to the Territory on and after that day; and\n (b) Ordinances made on or after that day as in force from time to time; and\n (c) laws as in force in the Territory in accordance with section 8; and\n (d) applied Western Australian laws.\n (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force.\n\n#### 8 Operation of existing laws etc.\n\n (1) A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.\n (2) Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.\n (3) A law specified in the Schedule may be amended or repealed by an Ordinance.\n (4) In this section:\n\n> instruments includes regulations, rules and by‑laws.\n\n> law:\n\n (a) includes a principle or rule of common law or equity; and\n (b) does not include an Act.\n\n#### 8A Application of Western Australian laws\n\n (1) Subject to this section, section 8G and Part IVAA, Western Australian laws are in force in the Territory.\n\n> Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).\n\n (2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.\n (3) An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.\n (4) To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.\n (5) For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.\n (6) A Western Australian law:\n (a) is a law in force in Western Australia from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 8B Minister must table lists of applied Western Australian Acts\n\n (1) The Minister must cause a list of Acts of the Western Australian Parliament (WA Acts) to be prepared and tabled in each House of the Parliament for the following periods:\n (a) the period of 3 months beginning on 1 July 1992; and\n (b) each subsequent period of 6 months.\n (2) The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.\n (3) The list must include WA Acts whose operation has been suspended in accordance with subsection 8A(3).\n (4) The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.\n\n#### 8C House may terminate application of Western Australian Acts in the Territory\n\n (1) In this section:\n\n> terminate means terminate the operation of a WA Act in the Territory.\n\n> WA Act means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act.\n\n> WA Acts list means a list prepared and tabled in a House of the Parliament under section 8B.\n\n (2) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) that House passes a resolution to terminate the WA Act;\n then the WA Act is terminated from the time when the resolution was passed.\n (3) If:\n (a) a notice of a motion to terminate a WA Act has been given in a House of the Parliament:\n (i) within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or\n (ii) if section 8D applies to that WA Act—within 3 months after that list was tabled; and\n (b) at the expiration of 15 sitting days after the notice was given:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n then the WA Act is terminated from the expiration of that period of 15 sitting days.\n (4) If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament (the notice House):\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.\n (5) The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.\n (6) If:\n (a) a WA Act (the terminated Act) is terminated under subsection (2) or (3); and\n (b) the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;\n the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.\n (7) A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.\n\n#### 8D Extension of period for giving notice of motion to terminate WA Act\n\n (1) This section provides for an extension of time for giving a notice of a motion (the termination notice) in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.\n (2) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) that House passes a resolution to extend the period;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (3) If:\n (a) within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion (the extension notice) is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and\n (b) at the expiration of 15 sitting days after the extension notice has been given in that House:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.\n (4) If a notice of a motion (the extension notice) is given in a House of the Parliament (the notice House) for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation:\n (i) the extension notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the following provisions apply:\n (c) the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;\n (d) the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.\n (5) In this section, terminate, WA Act and WA Acts list have the same meanings as in section 8C.\n\n#### 8E Application of Commonwealth Acts\n\n (1) An Act (whether passed before or after this section’s commencement) extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an Ordinance has no effect so far as it purports to affect the application of an Act in or in relation to the Territory.\n\n#### 8G Powers under the applied Western Australian laws\n\n (1) If, by an applied Western Australian law, a power is vested in:\n (a) a Minister of Western Australia; or\n (b) the Governor of Western Australia; or\n (c) the Governor‑in‑Council of Western Australia;\n that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.\n (2) If:\n (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and\n (b) subsection (1) does not apply to that power;\n the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection.\n (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2).\n\n> Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A.\n\n Delegation etc.\n (3) If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister.\n (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:\n (a) if authorised to do so by the direction; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister.\n Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands\n (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:\n (a) the person or authority is subject to an arrangement under section 8H and is:\n (i) an officer or employee of Western Australia; or\n (ii) an authority established by or under a Western Australian law; or\n (iii) an officer or employee of such an authority; and\n (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands\n (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.\n\n```html\n

Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands

Item

Column 1

Column 2

1

A power that corresponds to a power vested by a Western Australian law in a police force (however described)

The Australian Federal Police

2

A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position

A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory

3

A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law

The Cocos (Keeling) Islands Shire

4

A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body

A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire

5

A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item

A person or authority prescribed by that Ordinance

\n```\n\n (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law.\n (10) This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a Western Australian law, whether the subordinate law is made after this section’s commencement or not.\n (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority.\n (11) An instrument under this section is not a legislative instrument.\n\n#### 8GA Applied Western Australian laws—effect of directions or delegations\n\n Scope\n (1) This section applies if:\n (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or\n (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or\n (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law.\n Addition of powers\n (2) If:\n (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied Western Australian laws\n (4) An applied Western Australian law is amended if:\n (a) the applied Western Australian law is amended by an Ordinance; or\n (b) the corresponding Western Australian law is amended.\n\n#### 8H Arrangements with the Government of Western Australia\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective application and administration of the laws in force in the Territory.\n (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers by:\n (a) an officer or employee of Western Australia; or\n (b) an authority of Western Australia established under a Western Australian law; or\n (c) an officer or employee of an authority of Western Australia established under a Western Australian law;\n in or in relation to the Territory.\n\n#### 8I Savings\n\n (1) The repeal of a law of the Territory by subsection 8(1) does not:\n (a) revive anything not in force or existing at the time of the repeal; or\n (b) affect the previous operation of the law, or anything duly done under or permitted by the law; or\n (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; or\n (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or\n (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.\n (2) In spite of the repeal, the law continues in force for the purposes of:\n (a) the institution or continuation of any investigation or legal proceeding mentioned in paragraph (1)(e); or\n (b) the enforcement of any remedy mentioned in paragraph (1)(e); or\n (c) the imposition of any penalty, forfeiture or punishment mentioned in paragraph (1)(e).\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 12 Legislative powers of Governor‑General\n\n (1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.\n\n#### 13 Laying of Ordinances before the Parliament\n\n (1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.\n (2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.\n (3) If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:\n (a) the notice has not been withdrawn and the motion has not been called on; or\n (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.\n (3A) If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation, as the case may be:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance shall, for the purposes of subsections (2) and (3), be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.\n (4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.\n (4A) Where:\n (a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1); and\n (b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;\n the disallowance of the relevant Ordinance or the operation of subsection (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (1), as the case may be, as if the relevant Ordinance had not been made.\n (4B) A reference in subsection (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) to a law has a corresponding meaning.\n\n#### 13A Ordinance not to be re‑made while required to be tabled\n\n (1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.\n (2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:\n (a) if the original Ordinance has been laid, in accordance with subsection 13(1), before both Houses of the Parliament on the same day—that day;\n (b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or\n (c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 13(1) could have been complied with.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n\n#### 13B Ordinance not to be re‑made while subject to disallowance\n\n (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (a) the notice has been withdrawn;\n (b) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (c) the motion has been withdrawn or otherwise disposed of; or\n (d) subsection 13(3A) has applied in relation to the Ordinance.\n (2) Where:\n (a) because of subsection 13(3A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and\n (b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;\n no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (c) the notice has been withdrawn;\n (d) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (e) the motion has been withdrawn or otherwise disposed of; or\n (f) subsection 13(3A) has applied again in relation to the Ordinance.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n (4) This section does not limit the operation of section 13A or 13C.\n (5) In this section:\n\n> Ordinance includes a part of an Ordinance.\n\n#### 13C Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves\n\n If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:\n (a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or\n (b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.\n\n#### 13D Regulations, rules and by‑laws\n\n (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.\n (1A) In subsection (1), a regulation made under a law in force in the Territory:\n (a) does not include a regulation of Western Australia as in force in the Territory under section 8A; and\n (b) includes a regulation made by a person or an authority empowered, under section 8G, to make the regulation under an applied Western Australian law.\n (2) Subsections 13(2) to (4B), inclusive, and sections 13A, 13B and 13C apply in relation to regulations laid before a House of the Parliament as if, in those provisions:\n (a) references to subsection 13(1) were references to subsection (1) of this section; and\n (b) references to an Ordinance were references to regulations; and\n (c) references to a provision of an Ordinance were references to a regulation.\n (3) In this section, regulations includes rules and by‑laws.\n\n## Part IVA—Trials on indictment\n\n#### 15AA Trials on indictment to be by judge and jury\n\n The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.\n\n#### 15AB Minister may make arrangements with States\n\n The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.\n\n#### 15AC Indictment court may sit in a State\n\n (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.\n (2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.\n (3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.\n (4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is present but, if the accused is not present, the court shall only make the order if:\n (a) the accused is represented; and\n (b) the court is satisfied that the accused understands the effect of the order.\n (5) Where an indictment court makes an order under subsection (2), the court may order that:\n (a) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a State, an indictment court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by an indictment court under subsection (6) shall be deemed to have been exercised by the court at a sittings of the court in the Territory.\n (8) Where an indictment court is sitting in a State for the purpose of a trial in that State, the court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;\n (b) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in an indictment court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) an indictment court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law in force in the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 15AD Juries outside the Territory\n\n (1) In this section:\n\n> jury list means the roll, list or book, on or in which the names of persons liable to serve as jurors appear.\n\n (2) Subject to this section and the regulations, the laws in force in a State relating to:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors; and\n (j) other matters concerning jurors (other than matters dealt with under section 15AE) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that State sitting at a place in that State, extend and shall be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in an indictment court when sitting at that place.\n (3) For the purposes of a trial in an indictment court held wholly or partly at a place in a State, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that State sitting in the same place shall be used as well for the purposes of the trial in the indictment court.\n (4) The precept for a jury shall be issued by the Registrar, or such other person holding an office in relation to the indictment court as the court directs, and the Sheriff or such other person as the court directs shall prepare the jury panels and summon jurors.\n (5) The person who has custody of the jury list referred to in subsection (3) in the State where the indictment court is holding a trial shall:\n (a) give a copy of that list to the person directed by the court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to his or her knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that State.\n (6) The Commonwealth shall pay such reasonable fee as may be demanded for a copy of a list referred to in paragraph (5)(a).\n (7) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in an indictment court held wholly or partly in a State shall be paid by the Commonwealth.\n (8) Where a law applied by this Act for the purposes of a trial in an indictment court requires an act or thing to be done by a person specified in that law, the court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the court do that act or thing, and the law shall be deemed to apply to that person accordingly.\n (9) The regulations may provide that such provisions of a law referred to in subsection (2) as are specified in the regulations do not apply or apply subject to such modifications as are specified in the regulations.\n\n#### 15AE Offences in relation to jurors\n\n (1) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n (2) A person who is served with a summons to attend as a juror in a trial in an indictment court held wholly or partly in a State shall not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the court, without the permission of the Sheriff, before being discharged or excused by a judge of the court or the Sheriff.\n\nPenalty: Imprisonment for 1 month or 2 penalty units.\n\n (2A) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n (3) A person shall not personate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months or 10 penalty units.\n\n (4) A person shall not:\n (a) engage in conduct that results in the corruption of a juror;\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n#### 15AF Removal of accused to State to stand trial\n\n (1) Where an indictment court makes an order under paragraph 15AC(5)(a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n (3) An accused delivered into custody at a prison in a State under a warrant under subsection (1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 15AG Accused to be conveyed to court\n\n (1) Where an accused has been removed to a State under this Act, a judge of an indictment court may order that the accused be conveyed to the court for the purposes of trial in that State, and any related proceedings.\n (2) Where a judge of an indictment court makes an order under subsection (1), the person who has the custody of the accused shall release the accused to a constable to enable the accused to be conveyed to the court in accordance with that order.\n\n#### 15AH Return of accused to Territory\n\n (1) Where an indictment court makes an order under paragraph 15AC(8)(b), the Registrar, a magistrate of the Territory or a person directed by the Court under that paragraph may, by warrant directed to all constables, require them to convey the accused in custody from the State in which the court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 15AI Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n Where:\n (a) a person has been tried in relation to an indictable offence against a law in force in the Territory by an indictment court sitting in a State; and\n (b) the person is convicted of that offence and sentenced to imprisonment;\n the person shall be deemed:\n (c) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (d) to have been removed to that State under that Act;\n and the provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AJ Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n Where a person who has been removed to a State under this Act:\n (a) is found to have been insane at the time of the commission of the offence;\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane;\n the person shall be deemed:\n (d) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (e) to have been removed to that State under that Act;\n and sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 15AK Repatriation of person tried in a State\n\n Where:\n (a) a person has been removed to a State under this Act;\n (b) the trial of the person in an indictment court sitting in that State has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n## Part IVAA—Conferral of Territory jurisdiction on Western Australian courts etc.\n\n#### 15AAA Definitions\n\n In this Part:\n\n> Family Court of Western Australia means the Court established by the Family Court Act 1975 of Western Australia.\n\n> transfer day means the day on which this Part commences.\n\n#### 15AAB Conferral of jurisdiction on Western Australian courts and court officers\n\n (1) Subject to this Part and any law in force in the Territory, the courts and court officers of Western Australia have jurisdiction (including appellate jurisdiction) in and in relation to the Territory as if the Territory were part of Western Australia.\n (2) Subject to any law in force in the Territory, a court or court officer of Western Australia may, in exercising jurisdiction under this section, sit in the Territory or Western Australia.\n (3) Subject to any law in force in the Territory, the practice and procedure applicable to a court or court officer exercising jurisdiction under this section are to be the practice and procedure as in force from time to time in relation to that court or court officer in Western Australia.\n\n#### 15AAC Transfer of Supreme Court jurisdiction\n\n (1) This section applies to the jurisdiction vested in or exercisable by the Supreme Court of the Territory or a judge of that Court immediately before the transfer day, except in relation to matters for which:\n (a) proceedings were pending in that Court immediately before that day; or\n (b) proceedings had been completed in that Court before that day.\n (2) On and after the transfer day, the jurisdiction:\n (a) ceases to be vested in the Supreme Court of the Territory or a Judge of that Court; and\n (b) is vested in:\n (i) if the Family Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Family Court of Western Australia or a Judge of that Court (as the case requires); or\n (ii) if the District Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the District Court of Western Australia or a Judge of that Court (as the case requires); or\n (iii) if the Children’s Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Children’s Court of Western Australia or a Judge of that Court (as the case requires); or\n (iv) in any other case—the Supreme Court of Western Australia or a Judge of that Court (as the case requires).\n\n#### 15AAD Transfer of pending proceedings\n\n (1) On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory (Territory Court) may apply to that Court to transfer the proceedings to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (2) If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court (State Court) and:\n (a) the State Court may hear and determine the proceedings; and\n (b) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (c) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (d) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n\n#### 15AAE Application of provisions of this Act to courts of Western Australia\n\n In relation to the exercise of jurisdiction by a court of Western Australia or a Judge or an officer mentioned in this Part, this Act has effect as if:\n (a) a reference in this Act to an indictment court included a reference to the Supreme Court of Western Australia or the District Court of Western Australia; and\n (b) a reference in this Act to a Judge of an indictment court included a reference to a Judge of the Supreme Court of Western Australia or of the District Court of Western Australia; and\n (c) a reference in this Act to the Registrar of an indictment court included a reference to:\n (i) a person who has the powers of the Registrar of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of a judge of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (d) a reference in this Act to the Sheriff of an indictment court included a reference to:\n (i) a person who has the powers of the sheriff of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of the sheriff of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (e) a reference in section 16 to a Territory court included a reference to a Western Australian court exercising jurisdiction in or in relation to the Territory under a law of the Territory; and\n (f) a reference in paragraph 16(c) to a person who holds an office in relation to a Territory court included a reference to a person who has the powers mentioned in that paragraph in relation to the Territory under a law of the Territory.\n\n#### 15AAF Savings—jurisdiction of Supreme Court of the Territory on and after transfer day\n\n Part IVAA of this Act as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.\n\n#### 15AAG Abolition of Supreme Court of the Territory\n\n The Supreme Court of the Territory is abolished on a day to be fixed by Proclamation, being a day on which no person holds office as a judge of that Court.\n\n#### 15AAH Transitional provisions after abolition of Supreme Court\n\n (1) In this section:\n\n> proclaimed day means the day to be fixed by Proclamation under section 15AAG.\n\n> State Court means the Court to which proceedings are transferred under subsection (2).\n\n> Territory Court means the Supreme Court of the Territory.\n\n (2) As soon as practicable after no person holds office as a Judge of the Territory Court, the Registrar of the Court must transfer all proceedings in the Court (including completed proceedings) to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (3) If proceedings are transferred under subsection (2):\n (a) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (b) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (c) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n (4) If proceedings transferred under subsection (2) were not completed before the proclaimed day, the State Court may:\n (a) hear, or further hear, the proceedings; and\n (b) determine the proceedings; and\n (c) have regard to any evidence or argument in the proceedings in the Territory Court.\n\n#### 15AAI References to courts of Territory—transitional\n\n (1) Unless the contrary intention appears:\n (a) a reference in any Act to the Supreme Court of the Territory is taken to include a reference to the Supreme Court of Western Australia exercising jurisdiction in or in relation to the Territory under this Act; and\n (b) a reference in any Act to courts of the Territory is taken to include a reference to courts of Western Australia exercising jurisdiction in or in relation to the Territory under this Act.\n (2) Subsection (1) does not apply to a reference in the Federal Court of Australia Act 1976.\n\n## Part V—Miscellaneous\n\n#### 15A Appointment of officers\n\n (1) In spite of the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (3) Nothing in this section shall be deemed to prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 16 Sittings of courts etc.\n\n (1) Provision may be made by Ordinance for and in relation to:\n (a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;\n (b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and\n (c) where a power is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power at places in Australia outside the Territory.\n (2) A reference in subsection (1) to a Territory court is a reference to a court having jurisdiction in the Territory.\n\n#### 17 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.\n (2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 18 Continuation of Malay customs\n\n The institutions, customs and usages of the Malay residents of the Territory shall, subject to any law in force in the Territory from time to time, be permitted to continue in existence.\n\n#### 18A Exemption from customs duty of goods produced in the Territory\n\n Duties of Customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory;\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a Duty of Excise.\n\n#### 18B Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of a law of the Territory (including a law made before this section’s commencement) under which:\n (a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such lands may be executed; or\n (c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.\n (2) A law of the Territory mentioned in subsection (1) which provides for the acquisition of land must provide that land is not to be acquired otherwise than on just terms.\n\n#### 19 Audit\n\n The accounts of the Territory are subject to inspection and audit by the Auditor‑General for the Commonwealth.\n\n#### 19A Ordinances—incorporation of matters by reference\n\n (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time.\n (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia.\n\n#### 20 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:\n (a) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 15 penalty units, for offences against the regulations; and\n (b) making saving or transitional provisions in relation to the abolition of any court established by a law of the Territory.","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":"Legislative powers of Governor‑General","content":"#### 12 Legislative powers of Governor‑General\n\n (1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.","sortOrder":23},{"sectionNumber":"13","sectionType":"section","heading":"Laying of Ordinances before the Parliament","content":"#### 13 Laying of Ordinances before the Parliament\n\n (1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.\n (2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.\n (3) If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:\n (a) the notice has not been withdrawn and the motion has not been called on; or\n (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.\n (3A) If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:\n (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n (b) at the time of the dissolution, expiry or prorogation, as the case may be:\n (i) the notice has not been withdrawn and the motion has not been called on; or\n (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n the Ordinance shall, for the purposes of subsections (2) and (3), be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.\n (4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.\n (4A) Where:\n (a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (1); and\n (b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;\n the disallowance of the relevant Ordinance or the operation of subsection (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (1), as the case may be, as if the relevant Ordinance had not been made.\n (4B) A reference in subsection (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) to a law has a corresponding meaning.","sortOrder":24},{"sectionNumber":"13A","sectionType":"section","heading":"Ordinance not to be re‑made while required to be tabled","content":"#### 13A Ordinance not to be re‑made while required to be tabled\n\n (1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.\n (2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:\n (a) if the original Ordinance has been laid, in accordance with subsection 13(1), before both Houses of the Parliament on the same day—that day;\n (b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or\n (c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 13(1) could have been complied with.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.","sortOrder":25},{"sectionNumber":"13B","sectionType":"section","heading":"Ordinance not to be re‑made while subject to disallowance","content":"#### 13B Ordinance not to be re‑made while subject to disallowance\n\n (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (a) the notice has been withdrawn;\n (b) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (c) the motion has been withdrawn or otherwise disposed of; or\n (d) subsection 13(3A) has applied in relation to the Ordinance.\n (2) Where:\n (a) because of subsection 13(3A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and\n (b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;\n no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n (c) the notice has been withdrawn;\n (d) the Ordinance is deemed to have been disallowed under subsection 13(3);\n (e) the motion has been withdrawn or otherwise disposed of; or\n (f) subsection 13(3A) has applied again in relation to the Ordinance.\n (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n (4) This section does not limit the operation of section 13A or 13C.\n (5) In this section:\n\n> Ordinance includes a part of an Ordinance.","sortOrder":26},{"sectionNumber":"13C","sectionType":"section","heading":"Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves","content":"#### 13C Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves\n\n If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:\n (a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or\n (b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.","sortOrder":27},{"sectionNumber":"13D","sectionType":"section","heading":"Regulations, rules and by‑laws","content":"#### 13D Regulations, rules and by‑laws\n\n (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.\n (1A) In subsection (1), a regulation made under a law in force in the Territory:\n (a) does not include a regulation of Western Australia as in force in the Territory under section 8A; and\n (b) includes a regulation made by a person or an authority empowered, under section 8G, to make the regulation under an applied Western Australian law.\n (2) Subsections 13(2) to (4B), inclusive, and sections 13A, 13B and 13C apply in relation to regulations laid before a House of the Parliament as if, in those provisions:\n (a) references to subsection 13(1) were references to subsection (1) of this section; and\n (b) references to an Ordinance were references to regulations; and\n (c) references to a provision of an Ordinance were references to a regulation.\n (3) In this section, regulations includes rules and by‑laws.","sortOrder":28},{"sectionNumber":"Part IVA","sectionType":"part","heading":"Trials on indictment","content":"## Part IVA—Trials on indictment","sortOrder":29},{"sectionNumber":"15AA","sectionType":"section","heading":"Trials on indictment to be by judge and jury","content":"#### 15AA Trials on indictment to be by judge and jury\n\n The trial on indictment of an offence against a law in force in the Territory shall be by judge and jury.","sortOrder":30},{"sectionNumber":"15AB","sectionType":"section","heading":"Minister may make arrangements with States","content":"#### 15AB Minister may make arrangements with States\n\n The Minister may make arrangements with the government or an authority of a State for the purposes of the effective application of the provisions of this Part relating to sittings of an indictment court in that State in the exercise of its criminal jurisdiction.","sortOrder":31},{"sectionNumber":"15AC","sectionType":"section","heading":"Indictment court may sit in a State","content":"#### 15AC Indictment court may sit in a State\n\n (1) Subject to this section, an indictment court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.\n (2) An indictment court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.\n (3) An indictment court may make an order under subsection (2) at a sittings of the court in the Territory or in a State.\n (4) An indictment court may make an order under subsection (2) at a sittings of the court in a State whether or not the accused is present but, if the accused is not present, the court shall only make the order if:\n (a) the accused is represented; and\n (b) the court is satisfied that the accused understands the effect of the order.\n (5) Where an indictment court makes an order under subsection (2), the court may order that:\n (a) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a State, an indictment court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by an indictment court under subsection (6) shall be deemed to have been exercised by the court at a sittings of the court in the Territory.\n (8) Where an indictment court is sitting in a State for the purpose of a trial in that State, the court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;\n (b) on the warrant of the Registrar, a magistrate of the Territory or such other person as the court directs (being a person who holds an office in relation to the court), the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in an indictment court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) an indictment court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law in force in the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).","sortOrder":32},{"sectionNumber":"15AD","sectionType":"section","heading":"Juries outside the Territory","content":"#### 15AD Juries outside the Territory\n\n (1) In this section:\n\n> jury list means the roll, list or book, on or in which the names of persons liable to serve as jurors appear.\n\n (2) Subject to this section and the regulations, the laws in force in a State relating to:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors; and\n (j) other matters concerning jurors (other than matters dealt with under section 15AE) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that State sitting at a place in that State, extend and shall be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in an indictment court when sitting at that place.\n (3) For the purposes of a trial in an indictment court held wholly or partly at a place in a State, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that State sitting in the same place shall be used as well for the purposes of the trial in the indictment court.\n (4) The precept for a jury shall be issued by the Registrar, or such other person holding an office in relation to the indictment court as the court directs, and the Sheriff or such other person as the court directs shall prepare the jury panels and summon jurors.\n (5) The person who has custody of the jury list referred to in subsection (3) in the State where the indictment court is holding a trial shall:\n (a) give a copy of that list to the person directed by the court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to his or her knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that State.\n (6) The Commonwealth shall pay such reasonable fee as may be demanded for a copy of a list referred to in paragraph (5)(a).\n (7) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in an indictment court held wholly or partly in a State shall be paid by the Commonwealth.\n (8) Where a law applied by this Act for the purposes of a trial in an indictment court requires an act or thing to be done by a person specified in that law, the court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the court do that act or thing, and the law shall be deemed to apply to that person accordingly.\n (9) The regulations may provide that such provisions of a law referred to in subsection (2) as are specified in the regulations do not apply or apply subject to such modifications as are specified in the regulations.","sortOrder":33},{"sectionNumber":"15AE","sectionType":"section","heading":"Offences in relation to jurors","content":"#### 15AE Offences in relation to jurors\n\n (1) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n (2) A person who is served with a summons to attend as a juror in a trial in an indictment court held wholly or partly in a State shall not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the court, without the permission of the Sheriff, before being discharged or excused by a judge of the court or the Sheriff.\n\nPenalty: Imprisonment for 1 month or 2 penalty units.\n\n (2A) Subsection (2) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n (3) A person shall not personate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months or 10 penalty units.\n\n (4) A person shall not:\n (a) engage in conduct that results in the corruption of a juror;\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.","sortOrder":34},{"sectionNumber":"15AF","sectionType":"section","heading":"Removal of accused to State to stand trial","content":"#### 15AF Removal of accused to State to stand trial\n\n (1) Where an indictment court makes an order under paragraph 15AC(5)(a) in relation to an accused, the Registrar, a magistrate of the Territory or a person directed by the court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison pursuant to this section.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n (3) An accused delivered into custody at a prison in a State under a warrant under subsection (1) may, subject to any order of the indictment court, be detained in that prison or any other prison in that State for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while so in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the relevant State relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth shall pay to the relevant State the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).","sortOrder":35},{"sectionNumber":"15AG","sectionType":"section","heading":"Accused to be conveyed to court","content":"#### 15AG Accused to be conveyed to court\n\n (1) Where an accused has been removed to a State under this Act, a judge of an indictment court may order that the accused be conveyed to the court for the purposes of trial in that State, and any related proceedings.\n (2) Where a judge of an indictment court makes an order under subsection (1), the person who has the custody of the accused shall release the accused to a constable to enable the accused to be conveyed to the court in accordance with that order.","sortOrder":36},{"sectionNumber":"15AH","sectionType":"section","heading":"Return of accused to Territory","content":"#### 15AH Return of accused to Territory\n\n (1) Where an indictment court makes an order under paragraph 15AC(8)(b), the Registrar, a magistrate of the Territory or a person directed by the Court under that paragraph may, by warrant directed to all constables, require them to convey the accused in custody from the State in which the court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.","sortOrder":37},{"sectionNumber":"15AI","sectionType":"section","heading":"Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923","content":"#### 15AI Person deemed to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n Where:\n (a) a person has been tried in relation to an indictable offence against a law in force in the Territory by an indictment court sitting in a State; and\n (b) the person is convicted of that offence and sentenced to imprisonment;\n the person shall be deemed:\n (c) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (d) to have been removed to that State under that Act;\n and the provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.","sortOrder":38},{"sectionNumber":"15AJ","sectionType":"section","heading":"Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923","content":"#### 15AJ Person deemed to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n Where a person who has been removed to a State under this Act:\n (a) is found to have been insane at the time of the commission of the offence;\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane;\n the person shall be deemed:\n (d) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (e) to have been removed to that State under that Act;\n and sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.","sortOrder":39},{"sectionNumber":"15AK","sectionType":"section","heading":"Repatriation of person tried in a State","content":"#### 15AK Repatriation of person tried in a State\n\n Where:\n (a) a person has been removed to a State under this Act;\n (b) the trial of the person in an indictment court sitting in that State has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.","sortOrder":40},{"sectionNumber":"Part IVAA","sectionType":"part","heading":"—Conferral of Territory jurisdiction on Western Australian courts etc.","content":"## Part IVAA—Conferral of Territory jurisdiction on Western Australian courts etc.","sortOrder":41},{"sectionNumber":"15AAA","sectionType":"section","heading":"Definitions","content":"#### 15AAA Definitions\n\n In this Part:\n\n> Family Court of Western Australia means the Court established by the Family Court Act 1975 of Western Australia.\n\n> transfer day means the day on which this Part commences.","sortOrder":42},{"sectionNumber":"15AAB","sectionType":"section","heading":"Conferral of jurisdiction on Western Australian courts and court officers","content":"#### 15AAB Conferral of jurisdiction on Western Australian courts and court officers\n\n (1) Subject to this Part and any law in force in the Territory, the courts and court officers of Western Australia have jurisdiction (including appellate jurisdiction) in and in relation to the Territory as if the Territory were part of Western Australia.\n (2) Subject to any law in force in the Territory, a court or court officer of Western Australia may, in exercising jurisdiction under this section, sit in the Territory or Western Australia.\n (3) Subject to any law in force in the Territory, the practice and procedure applicable to a court or court officer exercising jurisdiction under this section are to be the practice and procedure as in force from time to time in relation to that court or court officer in Western Australia.","sortOrder":43},{"sectionNumber":"15AAC","sectionType":"section","heading":"Transfer of Supreme Court jurisdiction","content":"#### 15AAC Transfer of Supreme Court jurisdiction\n\n (1) This section applies to the jurisdiction vested in or exercisable by the Supreme Court of the Territory or a judge of that Court immediately before the transfer day, except in relation to matters for which:\n (a) proceedings were pending in that Court immediately before that day; or\n (b) proceedings had been completed in that Court before that day.\n (2) On and after the transfer day, the jurisdiction:\n (a) ceases to be vested in the Supreme Court of the Territory or a Judge of that Court; and\n (b) is vested in:\n (i) if the Family Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Family Court of Western Australia or a Judge of that Court (as the case requires); or\n (ii) if the District Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the District Court of Western Australia or a Judge of that Court (as the case requires); or\n (iii) if the Children’s Court of Western Australia or a Judge of that Court would, apart from this section, have the jurisdiction under subsection 15AAB(1)—the Children’s Court of Western Australia or a Judge of that Court (as the case requires); or\n (iv) in any other case—the Supreme Court of Western Australia or a Judge of that Court (as the case requires).","sortOrder":44},{"sectionNumber":"15AAD","sectionType":"section","heading":"Transfer of pending proceedings","content":"#### 15AAD Transfer of pending proceedings\n\n (1) On and after the transfer day, the parties to proceedings in a matter pending in the Supreme Court of the Territory (Territory Court) may apply to that Court to transfer the proceedings to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (2) If the Territory Court decides that it is not contrary to the interests of justice to grant the application, the Court is to transfer the proceedings to the relevant Court (State Court) and:\n (a) the State Court may hear and determine the proceedings; and\n (b) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (c) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (d) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.","sortOrder":45},{"sectionNumber":"15AAE","sectionType":"section","heading":"Application of provisions of this Act to courts of Western Australia","content":"#### 15AAE Application of provisions of this Act to courts of Western Australia\n\n In relation to the exercise of jurisdiction by a court of Western Australia or a Judge or an officer mentioned in this Part, this Act has effect as if:\n (a) a reference in this Act to an indictment court included a reference to the Supreme Court of Western Australia or the District Court of Western Australia; and\n (b) a reference in this Act to a Judge of an indictment court included a reference to a Judge of the Supreme Court of Western Australia or of the District Court of Western Australia; and\n (c) a reference in this Act to the Registrar of an indictment court included a reference to:\n (i) a person who has the powers of the Registrar of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of a judge of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (d) a reference in this Act to the Sheriff of an indictment court included a reference to:\n (i) a person who has the powers of the sheriff of the Supreme Court of Western Australia in the application of the Supreme Court Act 1935 of Western Australia in the Territory; or\n (ii) a person who has the powers of the sheriff of the District Court of Western Australia in the application of the District Court of Western Australia Act 1969 of Western Australia in the Territory; and\n (e) a reference in section 16 to a Territory court included a reference to a Western Australian court exercising jurisdiction in or in relation to the Territory under a law of the Territory; and\n (f) a reference in paragraph 16(c) to a person who holds an office in relation to a Territory court included a reference to a person who has the powers mentioned in that paragraph in relation to the Territory under a law of the Territory.","sortOrder":46},{"sectionNumber":"15AAF","sectionType":"section","heading":"Savings—jurisdiction of Supreme Court of the Territory on and after transfer day","content":"#### 15AAF Savings—jurisdiction of Supreme Court of the Territory on and after transfer day\n\n Part IVAA of this Act as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.","sortOrder":47},{"sectionNumber":"15AAG","sectionType":"section","heading":"Abolition of Supreme Court of the Territory","content":"#### 15AAG Abolition of Supreme Court of the Territory\n\n The Supreme Court of the Territory is abolished on a day to be fixed by Proclamation, being a day on which no person holds office as a judge of that Court.","sortOrder":48},{"sectionNumber":"15AAH","sectionType":"section","heading":"Transitional provisions after abolition of Supreme Court","content":"#### 15AAH Transitional provisions after abolition of Supreme Court\n\n (1) In this section:\n\n> proclaimed day means the day to be fixed by Proclamation under section 15AAG.\n\n> State Court means the Court to which proceedings are transferred under subsection (2).\n\n> Territory Court means the Supreme Court of the Territory.\n\n (2) As soon as practicable after no person holds office as a Judge of the Territory Court, the Registrar of the Court must transfer all proceedings in the Court (including completed proceedings) to:\n (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Family Court of Western Australia—the Family Court of Western Australia; or\n (b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the District Court of Western Australia—the District Court of Western Australia; or\n (c) if the proceedings relate only to a matter of a kind that is within the jurisdiction of the Children’s Court of Western Australia—the Children’s Court of Western Australia; or\n (d) in any other case—the Supreme Court of Western Australia.\n (3) If proceedings are transferred under subsection (2):\n (a) all documents filed of record in the Territory Court in the proceedings are to be transmitted to the State Court; and\n (b) any money lodged with the Territory Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and\n (c) everything done in or in relation to the proceedings in the Territory Court is taken to have been done in the State Court.\n (4) If proceedings transferred under subsection (2) were not completed before the proclaimed day, the State Court may:\n (a) hear, or further hear, the proceedings; and\n (b) determine the proceedings; and\n (c) have regard to any evidence or argument in the proceedings in the Territory Court.","sortOrder":49},{"sectionNumber":"15AAI","sectionType":"section","heading":"References to courts of Territory—transitional","content":"#### 15AAI References to courts of Territory—transitional\n\n (1) Unless the contrary intention appears:\n (a) a reference in any Act to the Supreme Court of the Territory is taken to include a reference to the Supreme Court of Western Australia exercising jurisdiction in or in relation to the Territory under this Act; and\n (b) a reference in any Act to courts of the Territory is taken to include a reference to courts of Western Australia exercising jurisdiction in or in relation to the Territory under this Act.\n (2) Subsection (1) does not apply to a reference in the Federal Court of Australia Act 1976.","sortOrder":50},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"## Part V—Miscellaneous","sortOrder":51},{"sectionNumber":"15A","sectionType":"section","heading":"Appointment of officers","content":"#### 15A Appointment of officers\n\n (1) In spite of the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (3) Nothing in this section shall be deemed to prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.","sortOrder":52},{"sectionNumber":"16","sectionType":"section","heading":"Sittings of courts etc.","content":"#### 16 Sittings of courts etc.\n\n (1) Provision may be made by Ordinance for and in relation to:\n (a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;\n (b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and\n (c) where a power is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power at places in Australia outside the Territory.\n (2) A reference in subsection (1) to a Territory court is a reference to a court having jurisdiction in the Territory.","sortOrder":53},{"sectionNumber":"17","sectionType":"section","heading":"Grant of pardon, remission etc.","content":"#### 17 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.\n (2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.","sortOrder":54},{"sectionNumber":"18","sectionType":"section","heading":"Continuation of Malay customs","content":"#### 18 Continuation of Malay customs\n\n The institutions, customs and usages of the Malay residents of the Territory shall, subject to any law in force in the Territory from time to time, be permitted to continue in existence.","sortOrder":55},{"sectionNumber":"18A","sectionType":"section","heading":"Exemption from customs duty of goods produced in the Territory","content":"#### 18A Exemption from customs duty of goods produced in the Territory\n\n Duties of Customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory;\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a Duty of Excise.","sortOrder":56},{"sectionNumber":"18B","sectionType":"section","heading":"Disposal of land","content":"#### 18B Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of a law of the Territory (including a law made before this section’s commencement) under which:\n (a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such lands may be executed; or\n (c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.\n (2) A law of the Territory mentioned in subsection (1) which provides for the acquisition of land must provide that land is not to be acquired otherwise than on just terms.","sortOrder":57},{"sectionNumber":"19","sectionType":"section","heading":"Audit","content":"#### 19 Audit\n\n The accounts of the Territory are subject to inspection and audit by the Auditor‑General for the Commonwealth.","sortOrder":58},{"sectionNumber":"19A","sectionType":"section","heading":"Ordinances—incorporation of matters by reference","content":"#### 19A Ordinances—incorporation of matters by reference\n\n (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time.\n (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia.","sortOrder":59},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:\n (a) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 15 penalty units, for offences against the regulations; and\n (b) making saving or transitional provisions in relation to the abolition of any court established by a law of the Territory.","sortOrder":60}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":638},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1955 purpose of simply accepting the islands as a territory. Major additions include: the 1992 Western Australian law application scheme (Part III Division 1), the 1992-1993 criminal trial relocation provisions (Part IVA), and the post-2010 abolition of the territory's Supreme Court with transfer of jurisdiction to Western Australian courts (Part IVAA). The original Act dealt mainly with property transfer and basic governance; it now encompasses a comprehensive outsourced state legal system."},"complexity_factors":["Extensive cross-referencing between Commonwealth, Western Australian, and territory laws (sections 8A, 8G, Part IVAA)","Multiple nested conditions for parliamentary disallowance of ordinances (sections 13, 13A-13D)","Complex machinery for transferring jurisdiction from territory courts to Western Australian courts (Part IVAA)","Detailed procedural rules for criminal trials held outside the territory (Part IVA)","Numerous defined terms with recursive definitions (e.g., 'applied Western Australian law', 'court officer of Western Australia')","Conditional vesting of powers with Ministerial override and delegation chains (section 8G)","Savings and transitional provisions that preserve rights across multiple legal regime changes","Table-based deemed vesting of powers with 5 enumerated categories (section 8G(5B))"],"plain_english_summary":"This Act governs the **Cocos (Keeling) Islands**, a remote Australian territory in the Indian Ocean. Here's what it does:\n\n**Core purpose**\n- Establishes the islands as an Australian territory under Commonwealth authority (originally transferred from Singapore in 1955)\n- Sets up a unique legal system where **Western Australian laws automatically apply** unless specifically excluded\n\n**Who it affects**\n- The approximately 600 residents of the Cocos (Keeling) Islands\n- Australian Federal Police and other officials administering the territory\n- Western Australian courts, which now exercise jurisdiction over the territory\n\n**Key features**\n- **Law application**: Western Australian laws are \"in force\" in the territory by default, with the Commonwealth Minister able to direct how powers under those laws are exercised\n- **Local legislation**: The Governor-General can make \"Ordinances\" (territory laws) for \"peace, order and good government,\" subject to parliamentary disallowance\n- **Court system**: The territory's Supreme Court was abolished; jurisdiction transferred to Western Australian courts (Supreme, District, Family, and Children's Courts)\n- **Criminal trials**: Serious criminal trials use judge and jury, with special provisions allowing trials to be held in mainland Australian states if needed\n- **Cultural protection**: Malay residents' customs and institutions are permitted to continue\n\n**Why it matters**\nThis is a complex example of Australian **territorial governance**—the Commonwealth has outsourced much of the legal and judicial framework to Western Australia while retaining ultimate legislative control. It shows how remote territories are administered without duplicating entire state bureaucracies."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 2(1) and 2(2)","severity":"low","reasoning":"The Governor-General is empowered to 'fix' a date, but the Act immediately constrains that date to a historically determined moment (cessation from Singapore). The discretion to 'fix' is therefore illusory — there is only one legally permissible date, which undermines the point of the Proclamation mechanism entirely.","confidence":0.72,"description":"Circular commencement provision: the Act comes into operation on a date fixed by Proclamation, but that date must be the date the Islands cease to be part of the Colony of Singapore. This means the Proclamation cannot validly fix a date that does not correspond to the actual historical transfer event, making the Proclamation a purely declaratory act with no independent discretion — yet it is framed as a legislative instrument fixing a date."},{"type":"circular_definition","section":"Section 4(1) — definition of 'State'","severity":"medium","reasoning":"Section 4(1) defines 'State' to include Territories other than CKI. Various provisions (e.g. ss 15AA–15AK) use 'State' in ways that appear to assume constitutional States, but under this definition could technically apply to the ACT or NT — producing absurd results such as an indictment court 'sitting in a State' when it is actually sitting in another Territory.","confidence":0.78,"description":"The definition of 'State' includes 'a Territory other than the Territory' — meaning the ACT and Northern Territory are treated as 'States' for purposes of this Act. This is logically inverted: a Territory is defined to include States, and States are defined to include Territories. Combined with the definition of 'the Territory' (which means CKI specifically), the drafting creates a recursive definitional structure where 'State' means something fundamentally different from its ordinary constitutional meaning."},{"type":"other","section":"Section 8(1)","severity":"low","reasoning":"The interaction between the narrow definition of 'law' in s 8(4) (excluding Acts) and the broad repeal in s 8(1) creates uncertainty about the legal status of quasi-legislative instruments that derive authority from Acts. The Schedule mechanism may not cleanly capture all instruments.","confidence":0.61,"description":"Section 8(1) purports to repeal all laws in force in the Territory immediately before 1 July 1992 unless specified in the Schedule — but section 8(4) defines 'law' for this purpose to exclude Acts. This means Commonwealth Acts that were in force in the Territory before 1 July 1992 are neither repealed by s 8(1) nor continued by s 8(2), yet s 7A(1)(a) separately provides for Acts. The exclusion of Acts from the definition of 'law' in s 8 creates an ambiguous gap regarding which pre-1992 territorial instruments are affected."},{"type":"other","section":"Section 8G(9)","severity":"high","reasoning":"The provision may have been intended to facilitate practical administration given the Territory's small size and remoteness, but it logically produces the absurdity that an act which is legally invalid in WA (due to lack of qualification) is legally valid in the Territory. This could apply to medical officers, engineers, or other licensed professionals exercising regulatory powers.","confidence":0.82,"description":"Section 8G(9) provides that the validity of exercising a power under an applied Western Australian law is unaffected by the failure of a person to hold a qualification required under Western Australian law. This means a person can validly exercise statutory powers in the Territory — including potentially health, legal, or safety powers — while lacking mandatory professional qualifications that would make the same exercise unlawful in Western Australia. This creates a two-tiered system where Cocos (Keeling) Islands residents receive services from unqualified persons acting under legal authority."},{"type":"impossible_compliance","section":"Section 13(1) and 13A","severity":"medium","reasoning":"If an Ordinance is never tabled, the prohibition period in s 13A is anchored to 'the last day on which subsection 13(1) could have been complied with' — a date that requires retrospective identification of when the 15th sitting day elapsed. This creates practical uncertainty: the executive must track hypothetical parliamentary sitting schedules to know when it is free to re-legislate.","confidence":0.74,"description":"Section 13(1) provides that an Ordinance ceases to have effect if not tabled within 15 sitting days. Section 13A then prohibits re-making an Ordinance containing substantially the same provision during the tabling period. Read together, if an Ordinance lapses for failure to be tabled (s 13(1)), the prohibition in s 13A on re-making it continues until after the period defined in s 13A(2) — which ends 7 days after the day it would have been tabled had it been tabled at all. The 'last day on which subsection 13(1) could have been complied with' (s 13A(2)(c)) creates a hypothetical deadline used to define a real prohibition, producing a legally operative period tied to a counterfactual event."},{"type":"impossible_compliance","section":"Section 15AAG","severity":"medium","reasoning":"The condition precedent to abolition (no judge holding office) is not within the executive's unilateral control. If a judge has security of tenure and refuses to vacate, or if there is a dispute about whether a person 'holds office', the abolition mechanism is paralysed. The drafting assumes judicial vacancies will occur naturally but creates no mechanism to compel them.","confidence":0.76,"description":"Section 15AAG provides that the Supreme Court of the Territory shall be abolished on a day fixed by Proclamation, 'being a day on which no person holds office as a judge of that Court.' This makes abolition contingent on a factual circumstance (judicial vacancies) that the executive may not control — a judge who refuses to resign or die prevents the Proclamation from being validly made. The Court could theoretically never be abolishable if a judge remained in office indefinitely."},{"type":"self_contradicting","section":"Section 15AAF","severity":"medium","reasoning":"The saving provision preserves a historical version of Part IVAA for legacy matters while the amended Part IVAA governs new matters. If Part IVAA has been amended after the transfer day (which is anticipated by the scheme), two different legal regimes apply concurrently. The Act provides no hierarchy or conflict resolution rule between them.","confidence":0.68,"description":"Section 15AAF provides that Part IVAA 'as in force immediately before the transfer day continues in force in relation to any matter in respect of which the Supreme Court of the Territory or a Judge of that Court continues to have jurisdiction on or after that day.' This creates a frozen version of Part IVAA operating in parallel with the current version, potentially meaning two different regimes of Part IVAA operate simultaneously for different classes of matters, without any mechanism to resolve conflicts between them."},{"type":"self_contradicting","section":"Section 18","severity":"medium","reasoning":"The phrase 'subject to any law in force in the Territory from time to time' means that any law — including newly applied WA laws — can extinguish Malay customs without engaging s 18 at all. The section provides no substantive protection; it merely states that customs may continue unless any law says otherwise, which is no protection at all.","confidence":0.85,"description":"Section 18 provides that Malay customs 'shall be permitted to continue in existence' subject to any law in force in the Territory. Given that s 8A imports all Western Australian laws into the Territory, and given that Western Australian laws may regulate or prohibit practices that constitute Malay customs, the guarantee in s 18 is entirely hollow — it is completely subordinated to the very laws it purports to survive alongside. The protection offered is meaningless."},{"type":"other","section":"Sections 1, 2, 4 (Parts I–III duplicate)","severity":"high","reasoning":"If the document as presented were treated as the authoritative enrolled text, it would contain multiple operative versions of the same sections. Interpretive rules would struggle to resolve which instance of, say, the s 4 definitions applies. In practice this is a compilation error, but as presented it is a genuine textual absurdity.","confidence":0.9,"description":"The text of the Act as presented contains an entire verbatim duplication of Parts I and II (sections 1, 2, 4, 4A, 5, 6, 7) followed by a further duplication of Part III Division 1 and the full remainder of the Act. While this appears to be a formatting/compilation error in the source document rather than a substantive drafting flaw, if treated as the authoritative text, it creates genuine ambiguity about which version of duplicated provisions is operative."},{"type":"other","section":"Section 8D(1)","severity":"medium","reasoning":"The reference to 'section 8A' in s 8D(1) appears to be a drafting error; it should reference s 8B, which actually establishes the tabling obligation. As written, the provision creates ambiguity about what 'the first WA Acts list that is required by section 8A to be tabled' even means, since s 8A imposes no tabling requirement.","confidence":0.8,"description":"Section 8D(1) states it applies only to 'the first WA Acts list that is required by section 8A to be tabled.' However, s 8B (not s 8A) contains the tabling requirement. Section 8A contains no tabling requirement. This cross-reference is wrong on its face — s 8A deals with application of WA laws, not tabling of lists."}],"contradictions":[{"severity":"medium","section_a":"Section 4A(1)","section_b":"Section 4A(2)","confidence":0.7,"description":"Section 4A(1) applies Chapter 2 of the Criminal Code to all offences created by this Act. Section 4A(2) then excludes Chapter 2 from applying to matters arising under laws in force in the Territory because of s 8A (applied WA laws). Since the Act itself creates offences under s 15AC(10) (failure to comply with court orders) and s 15AE (juror offences), and these are triggered in contexts where WA laws are applied, there is potential for ambiguity about whether the Criminal Code's Chapter 2 principles (e.g. fault elements, defences) apply to offences committed in relation to applied WA law contexts."},{"severity":"medium","section_a":"Section 8A(1)","section_b":"Section 8E(1)","confidence":0.65,"description":"Section 8A(1) makes Western Australian laws in force in the Territory subject to s 8G and Part IVAA. Section 8E(1) makes Commonwealth Acts extend to the Territory 'of their own force' unless expressly excluded. Section 8A(4) then provides that applied WA laws have no effect to the extent inconsistent with an Act. This creates a hierarchy where Commonwealth Acts always prevail over applied WA laws — but s 8A(1) implies WA laws operate as a general regime, while s 8E(1) creates a standing override. The practical effect is that the WA law regime is always potentially displaced by any Commonwealth Act, including future ones, without any notification or parliamentary scrutiny mechanism specific to the Territory."},{"severity":"low","section_a":"Section 8G(2)","section_b":"Section 15AAB(1)","confidence":0.58,"description":"Section 8G(2) vests in the Commonwealth Minister all powers held by any person or authority under an applied WA law (other than court officers and WA courts). Section 15AAB(1) confers jurisdiction on courts and court officers of Western Australia in and in relation to the Territory. However, s 8G(1) and (2) together mean that powers held by WA Government Ministers and officials are redirected to the Commonwealth Minister, potentially undermining the practical operation of the conferral of court jurisdiction in s 15AAB where court administration powers are involved."},{"severity":"low","section_a":"Section 13B(1)","section_b":"Section 13C","confidence":0.55,"description":"Section 13B prohibits re-making an Ordinance containing substantially the same provision while a disallowance motion is pending, until the motion is resolved. Section 13C prohibits re-making such an Ordinance for 6 months after disallowance, unless the House approves. Read together, once a motion is given, the prohibition in 13B applies; once disallowance occurs, 13C applies. However, s 13B(4) states that 13B 'does not limit' 13C, but 13C begins only 'after the date of the disallowance' — creating an unaddressed gap for the scenario where 13B's prohibition lapses (e.g. motion withdrawn) but 13C's 6-month period has also not yet expired because the motion was re-given and disallowance occurred later. The interaction of the two prohibition regimes is not cleanly sequenced."},{"severity":"medium","section_a":"Section 15AAB(1)","section_b":"Section 4(1) — definition of 'indictment court'","confidence":0.75,"description":"The definition of 'indictment court' in s 4(1) means a court established by a law of the Territory. Section 15AAB(1) confers jurisdiction on Western Australian courts in and in relation to the Territory. Section 15AAE then deems references to 'indictment court' to include the Supreme Court and District Court of Western Australia. However, those courts are not established by a law of the Territory — they are established by Western Australian law. The deemed extension in s 15AAE therefore sits in tension with the definition of 'indictment court', requiring interpretive fiction to function and potentially creating uncertainty where other provisions use 'indictment court' without the s 15AAE deeming applying."},{"severity":"medium","section_a":"Section 15AAD(1)","section_b":"Section 15AAH(2)","confidence":0.72,"description":"Section 15AAD allows parties to pending proceedings in the Supreme Court of the Territory to apply to transfer those proceedings to WA courts after the transfer day. Section 15AAH(2) requires the Registrar to transfer all proceedings (including completed ones) after abolition of the Supreme Court. These provisions potentially operate on the same pool of proceedings, with 15AAD giving parties a choice and 15AAH mandating transfer by the Registrar. If a party applies under 15AAD and the application is refused but the Court is subsequently abolished, s 15AAH applies mandatorily — overriding the judicial determination under 15AAD that transfer was contrary to the interests of justice."}]},"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":8,"scope_assessment":{"changed":true,"description":"Yes. The original 1955 Act primarily established the Islands as a Commonwealth Territory and transferred sovereignty and certain rights. Subsequent amendments (notably provisions that commence 1 July 1992 and the addition of Part IVAA) materially broadened the Act’s scope: it now provides a system for applying Western Australian laws in the Territory, confers Territory jurisdiction on Western Australian courts, creates delegation/deemed‑vesting mechanisms that centralise many operational powers in the Commonwealth Minister, and supplies detailed cross‑jurisdictional criminal‑procedure and transitional rules. Those later additions move the Act from a straightforward acceptance/transfer statute into an ongoing constitutional and administrative framework for integrating Territory governance with Western Australian legal and court systems."},"complexity_factors":["Large number of defined terms in s 4 and cross‑references across the Act (e.g. applied Western Australian law defined and then used through Part III and IVAA)","Mechanism to apply, incorporate, amend, suspend and terminate Western Australian laws in the Territory (ss 8A, 8B, 8C) with periodic tabling obligations","Delegation and deemed‑vesting rules that vest WA statutory powers in the Commonwealth Minister and then permit directions/delegations (ss 8G, 8GA) — nested delegation logic","Cross‑jurisdictional criminal procedure: trials in States, jury rules, removal/return of accused and interaction with State law and the Removal of Prisoners (Territories) Act 1923 (Part IVA)","Transitional and abolition provisions for the Territory Supreme Court and transfer of jurisdiction to WA courts (Part IVAA: ss 15AAC–15AAH)","Multiple administrative processes involving Parliament (laying of Ordinances, disallowance, reviving repealed laws) with time limits and conditional effects (ss 13, 13A–13C)","Provisions allowing Ordinances to incorporate external Western Australian materials by reference (s 19A) which raises interpretive complexity","Savings and revival rules for repealed/terminated laws (ss 8I, 13(4A)) and exceptions (e.g. s 6(3) exclusions) — layered exceptions to exceptions"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Declares the Cocos (Keeling) Islands to be a Territory of the Commonwealth (s 5) and provides for the transfer to the Commonwealth of property, rights and liabilities that previously belonged to the United Kingdom or the Colony of Singapore, subject to limited exclusions (s 6). It extinguishes the old 1886 Indenture restrictions on land dealings (s 7).\n\n- Establishes what counts as the “laws of the Territory” (s 7A) and sets out how pre‑existing local laws are treated (s 8). In particular, many Western Australian laws can be made to apply in the Territory as “applied Western Australian laws” (s 8A) and incorporated, amended or suspended by Territory Ordinance (s 8A(2)–(3)).\n\n- Provides a mechanism for the Commonwealth Minister to table periodic lists of which Western Australian Acts are being applied in the Territory, and for either House of the Commonwealth Parliament to terminate the operation of those Acts in the Territory (ss 8B–8D).\n\n- Gives the Governor‑General power to make Ordinances for the Territory; requires those Ordinances and regulations to be tabled in Parliament and subjects them to disallowance procedures (ss 12–13, 13D, 20). Ordinances may incorporate Western Australian provisions by reference in certain circumstances (s 19A).\n\n- Sets criminal procedure rules for the Territory: trials on indictment must be by judge and jury (s 15AA); an indictment court sitting under Territory law may sit in an Australian State (ss 15AC–15AD); juror obligations and offences are provided for (ss 15AE–15AE); and detailed practical arrangements (warrants, removal or return of accused, payment of witness and jury fees, and repatriation) are laid out (ss 15AF–15AK).\n\n- Confers Territory jurisdiction on Western Australian courts and court officers so they can exercise the Territory’s jurisdiction as if the Territory were part of Western Australia (Part IVAA, ss 15AAA–15AAI). It provides for transfer of Supreme Court jurisdiction and pending proceedings, abolition of the Territory Supreme Court and transitional arrangements for cases and records (ss 15AAC–15AAH).\n\n- Miscellaneous: preserves Malay customs subject to Territory law (s 18); exempts Territory produce exported to Australia from customs duty in specified cases (s 18A); sets rules on disposal of land and requires just terms for compulsory acquisition (s 18B); and makes Territory accounts subject to Commonwealth audit (s 19).\n\n**Who is affected**\n\n- Residents of the Cocos (Keeling) Islands: their property rights, criminal and civil legal procedures, local government functions and some customary practices are regulated under the framework set by this Act.\n- Landholders and businesses: extinguishment of the 1886 Indenture and the ability to apply WA laws change land dealings and regulatory obligations.\n- Government bodies: the Commonwealth, the Minister, courts and court officers of Western Australia, the Australian Federal Police (AFP), and the Cocos (Keeling) Islands Shire are directly involved in administration, enforcement and adjudication.\n- People involved in criminal cases (accused, jurors, witnesses): the Act prescribes where trials may be held, juror obligations, and who pays for related costs.\n\n**Why it matters (claimed purpose and practical consequences)**\n\n- The statute’s stated aim is to provide a clear legal and administrative framework for governing the Territory and to integrate Territory law with broader Australian law where appropriate. It achieves this by: (a) bringing the Islands under Commonwealth sovereignty; (b) allowing Western Australian laws to be applied in the Territory so the Territory can use a full body of state law without drafting an entire separate code; and (c) providing for practical court arrangements, including holding trials in a State and using WA courts to hear Territory matters.\n\n- Practical trade‑offs and implementation effects:\n - Centralisation of control. Many powers that would be exercised by WA ministers, governors or authorities when Western Australian laws are applied are instead vested in the Commonwealth Minister (s 8G). That concentrates decision‑making at the Commonwealth level but also permits the Minister to delegate or direct local exercise of powers (s 8G(3)–(5)). This reduces the automatic operational role of WA institutions and increases administrative discretion (delegation and deemed vesting rules in ss 8G, 8GA).\n - Regulatory adoption without local legislation. Applying WA laws and permitting Ordinances to incorporate WA provisions by reference (s 19A) lets the Territory inherit a mature body of law cheaply (lower drafting costs), but it also means local residents and businesses may be subject to laws made elsewhere and changed by another Parliament (affects predictability, compliance burden and local democratic control). The Act mitigates this with parliamentary notice and termination mechanisms (ss 8B–8D) but creates a monitoring obligation for the Commonwealth Minister.\n - Access to justice and costs. Allowing indictment courts to sit in a State and conferring Territory jurisdiction on WA courts (ss 15AC, 15AAB) enables use of existing court infrastructure and specialist judges (efficiency), but can impose travel, practical and cultural costs on island residents and witnesses. The Commonwealth must meet specified costs (witness fees, State prison maintenance, repatriation assistance—ss 15AD(9), 15AF(5), 15AK).\n - Rights and property. Extinguishing the 1886 Indenture removes long‑standing restrictions on land dealings (s 7), which increases freedom of alienation and likely affects ownership patterns and market activity. That change is subject to limited exclusions (Direction Island and certain liabilities under s 6(3)).\n\n**Implementation risks and compliance burdens**\n\n- Complexity and cross‑jurisdictional administration: applying and updating WA laws in the Territory requires tracking two jurisdictions’ amendments, tabled lists and possible parliamentary termination (ss 8A, 8B–8D, 8GA). The Minister and administrative agencies bear monitoring and reporting costs.\n- Delegation and legal uncertainty: the Minister’s power to deem vestings and to direct/delegate (ss 8G, 8GA) creates points where operational responsibilities and accountability may be unclear, especially if powers are exercised by WA officers, the AFP or the local Shire.\n\n**Net effect on private enterprise and individual choice**\n\n- The Act tends to broaden the set of enforceable laws (through applied WA laws), reduce historical land restrictions, and centralise regulatory decision‑making at the Commonwealth Minister level while permitting practical reliance on WA institutions. For businesses this means potentially wider regulatory coverage and reliance on WA rules; for individuals, more predictable access to established courts but possible relocation of proceedings or procedural rules to Western Australia."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1955 Act had a narrow scope: formally accept the islands as an Australian territory, transfer colonial property/rights/obligations, and grant the Governor-General power to make Ordinances. Over decades — particularly with major 1992 amendments — the scope expanded substantially to create a comprehensive governance framework: importing all of Western Australia's laws wholesale, establishing detailed parliamentary oversight of applied WA laws, creating cross-jurisdictional court arrangements (including mainland trials), abolishing the territory's own Supreme Court and replacing it with WA courts, and establishing formal administrative arrangements with the WA government. The Act evolved from a simple declaration of sovereignty into an elaborate, hybrid governance instrument."},"complexity_factors":["Multi-layered legal framework: the Act imports an entire separate state's (Western Australia's) laws wholesale into the territory, creating a complex interplay between Commonwealth, WA, and Territory laws","Intricate parliamentary oversight mechanisms with precise timing rules (15 sitting days, 3-month windows) for tabling, terminating, and disallowing applied WA laws and Ordinances","Cascading power-delegation structure: WA ministerial powers transfer to the Commonwealth Minister, who can then re-delegate or direct those powers to WA officials, the AFP, local shire, or others — with 'deemed directions' automatically created in certain circumstances","Historical colonial legal context requires understanding of the 1886 Indenture, Colony of Singapore administration, and the Clunies-Ross family arrangement","Cross-jurisdictional court arrangements: jury trials can be held in WA, with complex rules for transferring accused persons, using WA jury rolls, paying witnesses, and handling insanity findings under separate Territory/WA/Commonwealth frameworks","Abolition of Territory's own Supreme Court and transitional transfer of pending cases to multiple different WA courts (Supreme, District, Family, Children's), each for different matter types","Dual application of criminal law: Commonwealth Criminal Code applies to some offences but not to WA-imported laws","Extensive savings and revival provisions to manage what happens when laws are repealed, terminated, or disallowed — including automatic revival of previously repealed laws","Content duplication within the source document (sections appear to be reproduced multiple times) adds to navigational complexity","Small, unique jurisdiction with very few precedents, making practical application uncertain"],"plain_english_summary":"The Act made the Cocos (Keeling) Islands an Australian territory, transferring sovereignty, assets and legal responsibility from the former colonial authorities to the Commonwealth. It subjects the islands to Western Australian laws (adapted for Commonwealth administration), folds court and policing functions into WA/Australian systems, and extinguished old private land rights.\n\nCrucially, it affects island residents—governing daily law, courts and policing—while expressly protecting Cocos Malay customs and providing customs and sentencing powers to the Commonwealth."}},"importantCases":[],"_links":{"self":"/api/acts/cocos-keeling-islands-act-1955","history":"/api/acts/cocos-keeling-islands-act-1955/history","analysis":"/api/acts/cocos-keeling-islands-act-1955/analysis","conflicts":"/api/acts/cocos-keeling-islands-act-1955/conflicts","importantCases":"/api/acts/cocos-keeling-islands-act-1955/important-cases","documents":"/api/acts/cocos-keeling-islands-act-1955/documents"}}