Cocos (Keeling) Islands Applied Laws Ordinance 1992

1 Name of Ordinance

This Ordinance is the Cocos (Keeling) Islands Applied Laws Ordinance 1992.

3 Amendments of applied laws

The applied laws specified in Schedule 1 are amended as set out in that Schedule.

4 Rules—fish resources management

(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 provision 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.

6 The applied laws specified in Schedule 4 are [Repealed]

The applied laws specified in Schedule 4 are repealed.

7 Revival of applied laws omitted from Schedule 4 ([Repealed] applied laws)

The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.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.K.I.)

1 New section 60B

1.1 After section 60A, insert:

60B Territory transition

(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.K.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’.

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 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 section 48A

4.1 After section 48, insert:

48A Territory savings and transition

An association incorporated under the Associations Incorporation Act 1987 (W.A.) is taken to be an incorporated association for the purposes of this Act.

Part 3—Bread Act 1982 (W.A.)(C.K.I.)

1 New section 17A

1.1 After section 17, insert:

17A Territory transition

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.K.I.)

1 New section 5A

1.1 After section 5, insert:

5A Territory transition

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.K.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.K.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.K.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.K.I.) by section 6 of this Ordinance.

Part 8—Debits Tax Act 1990 (W.A.)(C.K.I.)

1 Amendments—references to Western Australia

1.1 Amendments as set out in the following table:

Part 9—Debits Tax Assessment Act 1990 (W.A.)(C.K.I.)

1 Amendments—references to Western Australia

1.1 Amendments as set out in the following table:

Part 10—District Court of Western Australia Act 1989 (W.A.)(C.K.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) (CKI)

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:

(a) 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
(b) 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.

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.K.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.K.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’.

8A Section 67 (Agents and trustees)

8A.1 Omit the section.

9 Other amendments—references to Western Australia

9.1 Amendments as set out in the following table:

Part 13—Financial Institutions Duty Regulations 1984 (W.A.)(C.K.I.)

1 Amendments—references to Western Australia

1.1 Amendments as set out in the following table:

Part 14—Family Court Act 1975 (W.A.)(C.K.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) (CKI)

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) (CKI)

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:

14 Finfish to be landed as whole fish, or as fish trunks or fillets

(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 Subregulation 31(1)

Repeal the subregulation.

6 Subregulation 31(2) (penalty)

Omit “$5 000”, substitute “$3,000”.

7 Subregulation 31(3)

Repeal the subregulation.

8 Subregulation 31(4)

Omit “or (3)”.

9 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.

10 Paragraph 36(1)(b)

Repeal the paragraph.

11 Subregulation 36(2B)

Repeal the subregulation.

12 Regulation 37

Repeal the regulation, substitute:

37 Offences against r.36, defences for

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.

13 Regulation 42

Repeal the regulation.

14 At the end of Division 6 of Part 4

Add:

46 Areas of Cocos (Keeling) Islands closed to fishing for certain species

(1) A person must not fish for Humphead Maori Wrasse (Ikan Hijau) in the waters in the area described in clause 1 of Schedule 2A.

Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.

(2) A person must not fish for gong gong in: (a) the waters in the northern closure area described in clause 2 of Schedule 2A; or (b) the waters in the central closure area described in clause 3 of Schedule 2A; or (c) the waters in the southern closure area described in clause 4 of Schedule 2A.

Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.

15 Regulation 64AA

Repeal the regulation.

16 At the end of Division 8 of Part 4

Add:

64AB Fish at Cocos (Keeling) Islands Airport

(1) The following requirements apply to the possession of fish by a person in the area of Cocos (Keeling) Islands Airport: (a) the maximum quantity of fish that a person may possess is: (i) for fish other than gong or kima clam—5 kg; and (ii) for gong gong—2 kg; and (iii) for kima clam—2 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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands Airport means the land within Reserve No. 47727.

17 Subregulation 64E(3)

Repeal the subregulation (not including the penalty).

18 Subparagraph 64F(1)(b)(i)

Omit “60”, substitute “100”.

19 Subparagraph 64F(1)(b)(iv)

Repeal the subparagraph.

20 Subregulation 64F(2)

Repeal the subregulation, substitute:

(2) The mesh of a fishing net referred to in subregulation (1)(b)(v) must be not less than 50 mm or more than 114 mm.

21 After regulation 64G

Insert:

64GA Use of set or haul fishing net

(1) A person who fishes using a set or haul fishing net must: (a) attend that net; and (b) clear it of fish at intervals of not more than one hour.

Penalty: $2,000.

(2) In this regulation:

attend, in respect of a net, means to be within 100 m of the net.

22 At the end of Division 2 of Part 4A

Add:

64LA Spearfishing using breathing apparatus prohibited

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.

23 At the end of Division 4 of Part 4A

Add:

64U Set and haul net fishing prohibited in Northern Lagoon, West Island

A person must not set a net or use a haul net in the Northern Lagoon of West Island, inside of a line drawn between 12°10.723′S, 096°49.790′E and 12°10.446′S, 096°49.922′E.

Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.

24 Subparagraph 64W(1)(b)(i)

Omit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.

25 Paragraph 64W(1)(c)

Repeal the paragraph.

26 Regulation 64X

Repeal the regulation, substitute:

64X Counting pieces of fish for bag limits

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; and (c) a piece of gong gong meat is taken to be equivalent to a whole gong gong.

27 Division 2 of Part 4B

Repeal the Division, substitute: