1
Name of Ordinance
1 Name of Ordinance
This Ordinance is the Christmas Island Applied Laws Ordinance 1992.
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Commonwealth legislation
**What this Ordinance does (mechanics)
Adopts, adapts and amends many Western Australian laws so they operate in the Territory of Christmas Island. The instrument is a catalogue of specific insertions, omissions and substitutions across dozens of Acts and Regulations (see Schedule 1 and Schedule 4).
Establishes transitional and savings rules to carry over existing rights, licences, registrations and proceedings that existed under earlier Christmas Island ordinances into the mapped WA Acts now applying in the Territory (multiple "Territory transition" clauses in Schedule 1: e.g. Administration Act 1903 amendments, business names, professional registers, vehicle and driver licences, Registration of Deeds, Public Trustee provisions). Those transitional rules commonly say: if you had X on 1 July 1992 and apply within a set short period (often two months), you are taken to be registered/licensed until the new process finishes.
Makes territory‑specific fisheries rules and bag limits by amending the Fish Resources Management Act and Regulations as they apply in the Territory (Part 15 / Part 15A and related schedule replacements). That package:
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Direct links to the current provisions in Christmas Island Applied Laws Ordinance 1992.
This Ordinance is the Christmas Island Applied Laws Ordinance 1992.
The applied laws specified in Schedule 1 are amended as set out in that Schedule.
(1) The Minister may, by legislative instrument, make rules: (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or (b) to make application, saving or transitional provisions in relation to such amendments. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax. (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.
The applied laws specified in Schedule 4 are repealed.
The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.
Schedule 1—Amendments of applied laws
(section 3)
Part 1—Administration Act 1903 (W.A.)(C.I.)
1 New section 60B
1.1 After section 60A, insert:
(1) If probate of a will or the administration of an estate in the Territory: (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992; then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act. (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.
Part 2—Associations Incorporation Act 1987 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Subsection 3(1):
Insert the following definitions:
Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.
repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.
2 Section 30 (Voluntary winding up)
2.1 Subsection 30(4):
Omit the subsection, substitute:
(4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.
3 Section 31 (Winding up by Court)
3.1 Subsection 31(3):
Omit the subsection, substitute:
(3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.
4 New sections 48A, 48B and 48C
4.1 After section 48, insert:
(1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act. (2) If, immediately before 1 July 1992: (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or (b) a debt, liability or obligation of the association in favour of another person existed; then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed. (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.
An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.
If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.
Part 3—Bread Act 1982 (W.A.)(C.I.)
1 New section 17A
1.1 After section 17, insert:
If a baker who is required to hold a licence under this Act: (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992; the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.
Part 4—Business Names Act 1962 (W.A.)(C.I.)
1 New section 5A
1.1 After section 5, insert:
If a person who is required to register a business name under this Act: (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992; the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)
1 Section 5 (Establishment of Court)
1.1 Repeal the section.
2 Sections 6 to 18 (inclusive)
2.1 Sections 6 to 18 (inclusive) are repealed.
Part 6—Coroners Act 1996 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Definition of reportable death:
Omit ‘Western Australian’, substitute ‘Territory’.
1.2 Definition of reportable death (paragraph (i)):
Omit ‘Western Australia’, substitute ‘the Territory’.
1.3 Definition of reportable death (paragraph (j)):
Omit ‘Western Australia’, substitute ‘the Territory’.
1.4 Definition of Western Australian death:
Omit the definition.
1.5 Insert the following definitions:
coastal sea means:
(a) the territorial sea adjacent to the Territory; and
(b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.
Territory death means a death:
(a) that occurred in the Territory or the coastal sea; or
(b) where the body is in the Territory or the coastal sea; or
(c) the cause of which occurred in the Territory or the coastal sea; or
(d) of a person who was ordinarily residing in the Territory at the time of death.
2 Section 22 (Jurisdiction of coroner to hold inquest into a death)
2.1 Subsection 22(1):
Omit ‘Western Australian’, substitute ‘Territory’.
3 Section 30 (Control of body)
3.1 Subsection 30(1):
Omit ‘Western Australia’, substitute ‘the Territory’.
Part 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)
Schedule The Criminal Code
1 Section 282 (Punishment of wilful murder and murder)
1.1 Paragraph 282(a):
Omit ‘mandatory’.
1.2 Paragraph 282(b):
Omit ‘mandatory’.
2 Section 400 (Definitions)
2.1 Subsections 400(3) and (4):
Omit the subsections.
3 Section 401 (Burglary)
3.1 Subsections 401(4), (5) and (6):
Omit the subsections.
Note: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.
Part 8—Debits Tax Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Paragraph 4(1)(c) | Western Australia | the Territory |
| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |
| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |
| Subsection 4(2) | Western Australia (twice occurring) | the Territory |
Part 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |
| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |
| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |
| Subsection 3(2) | Western Australia | the Territory |
| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |
| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |
| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |
| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |
| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |
| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |
| Paragraph 3(2)(c) | Western Australia | the Territory |
| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |
| Subsection 8(4) | Western Australia | the Territory |
| Subsection 11(1) | Western Australia | the Territory |
| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |
| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |
| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |
| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |
| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |
| Subsection 19(4) | the State of Western Australia | the Commonwealth |
| Subsection 26(1) | the State of Western Australia | the Commonwealth |
| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |
| Subsection 3(1) | Western Australia (twice occurring) | the Territory |
| Subsection 39(3) | Western Australia | the Territory |
| Paragraph 39(3)(b) | Western Australia | the Territory |
Part 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)
1 Section 7 (Establishment of the Court)
1.1 Repeal the section.
2 Section 10 (The Judges of the Court)
2.1 Repeal the section.
3 Section 18 (Acting appointments)
3.1 Repeal the section.
4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)
4.1 Repeal the section.
Part 10A—Duties Act 2008 (WA) (CI)
1 Section 142 (Transactions by first home owners that are concessional transactions)
1.1 Subparagraph 142(1)(a)(i) and (ii):
Omit the subparagraphs, substitute:
(i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or
(ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and
1.2 Paragraph 142(2)(a):
Omit the paragraph, substitute:
(a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and
Part 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)
1 Section 17 (Notice of arrival of imported explosive)
1.1 Subsection 17(4):
Omit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.
Part 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Subsection 3(1) (definition of another State):
Omit ‘other than Western Australia’.
1.2 After subsection 3(1), insert:
(1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.
2 Section 6 (Act to bind Crown)
2.1 Omit the section.
3 Section 11 (Financial institutions duty and short term dealings)
3.1 Subsection 11(1):
Omit ‘the amount comprising one‑tenth of’.
3.2 Subsection 11(1):
Omit ‘Australian‑based’, substitute ‘Territory’.
4 Section 15 (Trust fund account)
4.1 Paragraph 15(1)(a):
Omit the paragraph, substitute:
(a) that would be a dealer’s trust account for the purposes of the Corporations Law if that law were in force in the Territory; or
5 Section 27 (Returns by certified short term dealers)
5.1 Subsection 27(2):
Omit the subsection, substitute:
(2) For subsection (1), a return must: (a) be in a form approved by the Commissioner; and (b) contain the information required by the Commissioner.
6 Section 34 (Interpretation)
6.1 Add at the end:
(2) For section 35 and subsection 36(4), the question whether 2 corporations are related to each other is to be determined in the same manner as under the Corporations Law.
7 Section 35 (Grouping of corporations)
7.1 Subsection 35(1):
Omit ‘by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be’.
7.2 Subsection 35(2):
Omit ‘deemed by reason of section 7(5) of the Companies (Western Australia) Code to be related for the purposes of that Code’, substitute ‘related’.
8 Section 36 (Grouping of commonly controlled businesses)
8.1 Subsection 36(4):
Omit ‘another corporation that is, by reason of section 7(5) of the Companies (Western Australia) Code to be deemed, for the purposes of that Code, to be related to it’, substitute ‘a related corporation’.
9 Other amendments—references to Western Australia
9.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Subsection 3(1) (definition of agent) | Western Australia (twice occurring) | the Territory |
| Subsection 3(1) (definition of dutiable deposit) | Western Australia | the Territory |
| Subsection 3(1) (definition of dutiable receipt) | Western Australia | the Territory |
| Subsection 3(1) (definition of financial institution, subparagraph (a)(v)) | Western Australia | the Territory |
| Subsection 3(1) (definition of financial institution, subparagraph (a)(viii)) | Western Australia | the Territory |
| Subsection 3(1) (definition of financial institution, subparagraph (b)(i)) | Western Australia | the Territory |
| Subsection 3(1) (definition of financial institution, subparagraph (b)(iii)) | Western Australia | the Territory |
| Subsection 3(19) | Western Australia | the Territory |
| Paragraph 3(19e)(a) | Western Australia | the Territory |
| Subsection 5(1) | Western Australia | the Territory |
| Subsection 10(1) | Western Australia | the Territory |
| Subsection 12(1) | Western Australia | the Territory |
| Subsection 12(2) | Western Australia | the Territory |
| Paragraph 14(6)(b) | Western Australia | the Territory |
| Subsection 17(1) | Western Australia (twice occurring) | the Territory |
| Subparagraph 17(5)(b)(i) | Western Australia | the Territory |
| Subsection 26(2) | Western Australia | the Territory |
| Section 43 | Western Australia | the Territory |
| Subsection 66(1) | Western Australia | the Territory |
| Section 68 | Western Australia | the Territory |
| Paragraph 68(c) | Western Australia | the Territory |
| Paragraph 68(d) | Western Australia | the Territory |
| Subsection 69(1) | Western Australia | the Territory |
| Subsection 69(2) | Western Australia | the Territory |
Part 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Paragraph 5(5)(a) | Western Australia | the Territory |
| Paragraph 5(5)(b) | Western Australia | the Territory |
| Paragraph 7I(b) | Western Australia | the Territory |
| Schedule 1 | Western Australia | the Territory |
Part 14—Family Court Act 1975 (W.A.)(C.I.)
1 Section 6 (Creation of the Court)
1.1 Repeal the section.
2 Section 9 (Appointment of Judges)
2.1 Repeal the section.
3 Section 11 (Acting appointments)
3.1 Repeal the section.
Part 15—Fish Resources Management Act 1994 (WA) (CI)
1 At the end of section 42
Add:
(4) The Minister of the Commonwealth who administers this Act as in force in the Territory: (a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and (b) despite subsection (3), ensure that at least one such committee is established at any time.
Part 15A—Fish Resources Management Regulations 1995 (WA) (CI)
1 Subregulation 3(1) (definition of day trip)
Repeal the definition, substitute:
day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;
2 Subregulation 3(1) (definition of one day)
Repeal the definition, substitute:
one day means a period of 24 hours commencing at midnight;
3 Regulation 14
Repeal the regulation, substitute:
(1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is: (a) a whole fish; or (b) a fish trunk that has the skin and scales attached; or (c) a fillet that: (i) has the skin and scales attached; and (ii) is packaged flat; and (iii) is packaged so that it is easily accessible for identification; and (iv) if the fish is frozen—can be measured and identified without being thawed.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1) does not apply to: (a) finfish taken for a commercial purpose in accordance with an authorisation; or (b) finfish on a boat if the finfish is: (i) being consumed; or (ii) prepared, or being prepared, for immediate consumption by persons on the boat.
4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA
Repeal the regulations.
5 Subregulations 31(1) and (3)
Repeal the subregulations.
6 Subregulation 31(4)
Omit “or (3)”.
7 Paragraphs 32(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.
8 Paragraph 36(1)(b)
Repeal the paragraph.
9 Subregulation 36(2B)
Repeal the subregulation.
10 Regulation 37
Repeal the regulation, substitute:
In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.
11 Regulation 42
Repeal the regulation.
12 At the end of Division 8 of Part 4
Add:
(1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport: (a) the maximum quantity of fish that a person may possess is 10 kg; (b) if the fish is finfish, it must: (i) have the skin attached; and (ii) be packaged flat; (c) the fish must be packaged so that it is easily accessible for identification; (d) if the fish is frozen, it must be able to be identified without being thawed. (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that: (a) the fish were taken for a commercial purpose in accordance with an authorisation; or (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178. (4) In this regulation:
area of Christmas Island Airport means the land within Reserve No. 46221.
13 Subregulation 64E(3)
Repeal the subregulation (not including the penalty).
14 Subregulations 64F(1) and (2)
Repeal the subregulations, substitute:
(1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is: (a) a throw net that: (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and (ii) has a mesh of not more than 25 mm; or (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.
15 At the end of Division 2 of Part 4A
Add:
A person must not fish with a spear or spear gun while using compressed air breathing apparatus.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
16 At the end of Division 4 of Part 4A
Add:
(1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.
<table cellspacing="0" cellpadding="0" style="width:425.55pt; border-collapse:collapse"><thead><tr><td colspan="2" style="width:414.75pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Area where spearfishing prohibited—Flying Fish Cove</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:379.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Description</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:379.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The northernmost point of the Port of Christmas Island jetty</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:379.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:379.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Generally easterly along that high water line to its intersection by the eastern side of the jetty</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:379.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Generally northerly along the eastern side of the jetty to the starting point</span></p></td></tr></tbody></table>
17 Subparagraph 64W(1)(b)(i)
Omit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.
18 Paragraph 64W(1)(c)
Repeal the paragraph.
19 Regulation 64X
Repeal the regulation, substitute:
For the purpose of determining the number of fish in relation to a bag limit: (a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and (b) a piece of clam meat is taken to be equivalent to a whole clam.
20 Division 2 of Part 4B
Repeal the Division, substitute:
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Ordinance is the Christmas Island Applied Laws Ordinance 1992.
The applied laws specified in Schedule 1 are amended as set out in that Schedule.
(1) The Minister may, by legislative instrument, make rules: (a) so as to amend Part 15A of Schedule 1 to this Ordinance; or (b) to make application, saving or transitional provisions in relation to such amendments. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax. (3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.
The applied laws specified in Schedule 4 are repealed.
The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.
Schedule 1—Amendments of applied laws
(section 3)
Part 1—Administration Act 1903 (W.A.)(C.I.)
1 New section 60B
1.1 After section 60A, insert:
(1) If probate of a will or the administration of an estate in the Territory: (a) was granted to, or vested in, the Official Assignee under the Probate and Administration Ordinance; and (b) was administered, held, managed or controlled by the Official Assignee under that Ordinance before 1 July 1992; then the grant of probate or the administration of that estate is taken to be a grant of probate or administration to the Public Trustee under this Act. (2) The Public Trustee must administer, hold, manage or control an estate referred to in subsection (1) in accordance with the law as in force in the Territory before 1 July 1992.
Part 2—Associations Incorporation Act 1987 (W.A.)(C.I.)
Replaces or repeals particular WA court‑structure provisions as they would apply in the Territory (repeals and redrafts in Children’s Court, District Court, Supreme Court provisions) and relaxes some sentencing language (removal of the word "mandatory" from murder sentencing provisions and changes to the Sentencing Act s9 so statutory penalties are maximums but lower penalties may be imposed).
Adjusts property and land title routines: new Registrar powers to require information, refuse registration of instruments until an application under section 20 is made, and longer notice periods in Transfer of Land procedures (see new ss 20AA, 20AB, 20B; multiple day‑period changes).
Inserts a compensation obligation into the Heritage Act as it applies in the Territory: if operation of that Part would effect an acquisition otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation (new s113A).
Repeals a long list of applied WA laws for the Territory (Schedule 4) and makes many textual changes replacing references to "Western Australia" with "the Territory" across taxation, payroll, corporate and other statutory schemes.
Who it affects (categories of people and organisations)
Why it matters (purpose claims and testing them against trade‑offs)
Official purpose claim (explicit in the instrument): to make Western Australian laws operate sensibly and fairly in the Territory and to provide clear transitional arrangements so that licences, registrations, legal rights and proceedings that existed under the old Territory ordinances continue without immediate disruption. The text repeatedly implements "Territory transition" or "savings and transitional" provisions for multiple Acts (Schedule 1 entries).
Testing that claim against costs, incentives and trade‑offs:
Who pays, who decides, what behaviour changes (summary)
Implementation and compliance risks
Bottom‑line mechanics (concise)
1 Section 3 (Interpretation)
1.1 Subsection 3(1):
Insert the following definitions:
Companies (Western Australian) Code must be read as a reference to the ‘Corporations Law’.
repealed Ordinance means the Associations Incorporation Ordinance 1976, as in force in the Territory immediately before 1 July 1992.
2 Section 30 (Voluntary winding up)
2.1 Subsection 30(4):
Omit the subsection, substitute:
(4) The regulations may provide that the provisions of Part 5.5 of the Corporations Law relating to the voluntary winding up of companies apply with specified exclusions, additions and modifications to a winding up of an Association under this section as if that Law was an Ordinance of the Territory and as if the association was a company as defined in that Law.
3 Section 31 (Winding up by Court)
3.1 Subsection 31(3):
Omit the subsection, substitute:
(3) Subject to this Act and the regulations, the provisions of Part 5.4 of the Corporations Law apply, so far as they are applicable and with the prescribed modifications (if any), in relation to the winding up of an association by the Supreme Court as if the association was a company as defined in the Corporations Law.
4 New sections 48A, 48B and 48C
4.1 After section 48, insert:
(1) Unless the contrary intention appears, an association incorporated under the repealed Ordinance before 1 July 1992 is taken to be an association incorporated under this Act. (2) If, immediately before 1 July 1992: (a) a right of an association incorporated under the repealed Ordinance arising out of a debt, liability or obligation of any person in favour of the association existed; or (b) a debt, liability or obligation of the association in favour of another person existed; then, unless the contrary intention appears, the right, debt, liability or obligation of the association continues in force as if the repealed Ordinance had not been repealed. (3) If a person was employed immediately before 1 July 1992 by an association incorporated under the repealed Ordinance then, on and after that date, the person is taken to be employed by the association on the same terms and conditions as applied to the person immediately before that date.
An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.
If an application for incorporation of an association was made under the repealed Ordinance before 1 July 1992, but the association had not been incorporated before that date, the proceedings for incorporation of that association may be continued and completed as if the Ordinance had not been repealed.
Part 3—Bread Act 1982 (W.A.)(C.I.)
1 New section 17A
1.1 After section 17, insert:
If a baker who is required to hold a licence under this Act: (a) used or occupied a bakehouse in the Territory immediately before 1 July 1992; and (b) applies for a licence under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992; the bakehouse is taken to be licensed under this Act until a licence is granted to the baker or the application is refused.
Part 4—Business Names Act 1962 (W.A.)(C.I.)
1 New section 5A
1.1 After section 5, insert:
If a person who is required to register a business name under this Act: (a) was carrying on business in the Territory under a business name, either alone or in association with other persons, immediately before 1 July 1992; and (b) applies for registration of the business name under section 7 of this Act within two months of the commencement of the Territories Law Reform Act 1992; the business name is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 5—Children’s Court of Western Australia Act 1988 (W.A.)(C.I.)
1 Section 5 (Establishment of Court)
1.1 Repeal the section.
2 Sections 6 to 18 (inclusive)
2.1 Sections 6 to 18 (inclusive) are repealed.
Part 6—Coroners Act 1996 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Definition of reportable death:
Omit ‘Western Australian’, substitute ‘Territory’.
1.2 Definition of reportable death (paragraph (i)):
Omit ‘Western Australia’, substitute ‘the Territory’.
1.3 Definition of reportable death (paragraph (j)):
Omit ‘Western Australia’, substitute ‘the Territory’.
1.4 Definition of Western Australian death:
Omit the definition.
1.5 Insert the following definitions:
coastal sea means:
(a) the territorial sea adjacent to the Territory; and
(b) the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, that sea.
Territory death means a death:
(a) that occurred in the Territory or the coastal sea; or
(b) where the body is in the Territory or the coastal sea; or
(c) the cause of which occurred in the Territory or the coastal sea; or
(d) of a person who was ordinarily residing in the Territory at the time of death.
2 Section 22 (Jurisdiction of coroner to hold inquest into a death)
2.1 Subsection 22(1):
Omit ‘Western Australian’, substitute ‘Territory’.
3 Section 30 (Control of body)
3.1 Subsection 30(1):
Omit ‘Western Australia’, substitute ‘the Territory’.
Part 7—Criminal Code Act Compilation Act 1913 (W.A.)(C.I.)
Schedule The Criminal Code
1 Section 282 (Punishment of wilful murder and murder)
1.1 Paragraph 282(a):
Omit ‘mandatory’.
1.2 Paragraph 282(b):
Omit ‘mandatory’.
2 Section 400 (Definitions)
2.1 Subsections 400(3) and (4):
Omit the subsections.
3 Section 401 (Burglary)
3.1 Subsections 401(4), (5) and (6):
Omit the subsections.
Note: Sections 297 and 378 of The Criminal Code, in their application to the Territory, are amended by the repeal of the Criminal Law Amendment Act 1992 (W.A.)(C.I.) by section 6 of this Ordinance.
Part 8—Debits Tax Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Paragraph 4(1)(c) | Western Australia | the Territory |
| Subparagraph 4(1)(c)(i) | Western Australia | the Territory |
| Subparagraph 4(1)(c)(ii) | Western Australia | the Territory |
| Subsection 4(2) | Western Australia (twice occurring) | the Territory |
Part 9—Debits Tax Assessment Act 1990 (W.A.)(C.I.)
1 Amendments—references to Western Australia
1.1 Amendments as set out in the following table:
| Provision | omit | substitute |
|---|---|---|
| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iii)) | the State of Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit, subparagraph (a)(iv)) | the State of Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i) A)) | Western Australia | the Territory |
| Subsection 3(1) (definition of excluded debit,sub‑subparagraph (b)(i)(B)) | Western Australia | the Territory |
| Subsection 3(1) (definition of exempt account) | Western Australia | the Territory |
| Subsection 3(1) (definition of taxable account) | Western Australia | the Territory |
| Subsection 3(2) | Western Australia | the Territory |
| Subparagraph 3(2)(a)(i) | Western Australia | the Territory |
| Subparagraph 3(2)(a)(ii) | Western Australia (twice occurring) | the Territory |
| Subparagraph 3(2)(b)(i) | Western Australia | the Territory |
| Subparagraph 3(2)(b)(ii) | Western Australia (twice occurring) | the Territory |
| Sub‑subparagraph 3(2)(b)(ii)(A) | Western Australia | the Territory |
| Sub‑subparagraph 3(2)(b)(ii)(B) | Western Australia | the Territory |
| Paragraph 3(2)(c) | Western Australia | the Territory |
| Subsection 3(8) | the State of Western Australia (twice occurring) | the Commonwealth |
| Subsection 8(4) | Western Australia | the Territory |
| Subsection 11(1) | Western Australia | the Territory |
| Paragraph 14(1)(b) | the State of Western Australia | the Commonwealth |
| Subparagraph 14(5)(a)(ii) | the State of Western Australia | the Commonwealth |
| Subparagraph 14(5)(b)(ii) | the State of Western Australia | the Commonwealth |
| Paragraph 15(1)(b) | the State of Western Australia | the Commonwealth |
| Subparagraph 19(3)(b)(ii) | the State of Western Australia | the Commonwealth |
| Subsection 19(4) | the State of Western Australia | the Commonwealth |
| Subsection 26(1) | the State of Western Australia | the Commonwealth |
| Paragraph 29(1)(d) | the State of Western Australia | the Commonwealth |
| Subsection 3(1) | Western Australia (twice occurring) | the Territory |
| Subsection 39(3) | Western Australia | the Territory |
| Paragraph 39(3)(b) | Western Australia | the Territory |
Part 10—District Court of Western Australia Act 1989 (W.A.)(C.I.)
1 Section 7 (Establishment of the Court)
1.1 Repeal the section.
2 Section 10 (The Judges of the Court)
2.1 Repeal the section.
3 Section 18 (Acting appointments)
3.1 Repeal the section.
4 Section 24 (Power to appoint Commissioners and Jurisdiction of Commissioners)
4.1 Repeal the section.
Part 10A—Duties Act 2008 (WA) (CI)
1 Section 142 (Transactions by first home owners that are concessional transactions)
1.1 Subparagraph 142(1)(a)(i) and (ii):
Omit the subparagraphs, substitute:
(i) is, or becomes, a person to whom a first home owner grant would be, or would have been, payable if section 18 of the FHOG Act applied to the person in relation to the property; or
(ii) is, or becomes a person to whom a first home owner grant would be, or would have been, payable in relation to the property if consideration had been given for the transfer of the property; and
1.2 Paragraph 142(2)(a):
Omit the paragraph, substitute:
(a) from a person who would have been excluded from the operation of the FHOG Act section 16(1); and
Part 11—Explosives and Dangerous Goods Act 1961 (W.A.)(C.I.)
1 Section 17 (Notice of arrival of imported explosive)
1.1 Subsection 17(4):
Omit ‘Comptroller‑General of Customs of the Commonwealth,’, substitute ‘Comptroller of the Indian Ocean Territories Customs Service,’.
Part 12—Financial Institutions Duty Act 1983 (W.A.)(C.I.)
1 Section 3 (Interpretation)
1.1 Subsection 3(1) (definition of another State):
Omit ‘other than Western Australia’.
1.2 After subsection 3(1), insert:
(1A) A reference in this Act to a provision of the Companies (Western Australia) Code or the Securities Industry (Western Australia) Code is a reference to the provision of the Corporations Law that corresponds to the provision of the relevant Code.
2 Section 6 (Act to bind Crown)
2.1 Omit the section.
3 Section 11 (Financial institutions duty and short term dealings)
3.1 Subsection 11(1):
Omit ‘the amount comprising one‑tenth of’.
3.2 Subsection 11(1):
Omit ‘Australian‑based’, substitute ‘Te
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