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6 The applied laws specified in Schedule 4 are repealed
The applied laws specified in Schedule 4 are repealed.
7 Revival of applied laws omitted from Schedule 4 (Repealed applied laws)
The omission from Schedule 4 (Repealed applied laws) of an applied law that was specified in the Schedule revives the application of that law in the Territory.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.)
(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)
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:
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.K.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 39(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.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:
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.K.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.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:
Division 2—Bag limits for Territory
64Y Territory bag limits
(1) For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.
(2) The bag limits set out in Schedule 3 do not apply in relation to a person if the person takes fish:
(a) from waters within 3 nautical miles of land; and
(b) during a period the person has notified in accordance with subregulations (3) and (4) to an advisory committee established under section 42 of the Act.
(3) The person must give notice of the period during which the person intends to fish (the fishing period) at least 1 month before the day the period starts.
(4) The fishing period must be wholly within one of the following periods:
(a) the Ceremony of Death month (Bulan Arwah) (but the maximum duration of the fishing period is 2 weeks);
(b) the period of 2 weeks immediately before the day that Ramadan starts;
(c) the period of 1 week immediately before Hari Maulad Nabi (Prophet Mohammad’s Birthday);
(d) the period of 1 week immediately before the day of Islamic New Year;
(e) the period of 1 month immediately before the day of the wedding of a member of the Cocos Malay community that is to take place in the Territory;
(f) the period of 1 month immediately before the day the circumcision of a member of the Cocos Malay community in the Territory is to be celebrated.
64Z Report on fishing period
(1) A person who gave notice to an advisory committee under regulation 64Y of a period that the person intended to fish must give the advisory committee a report on the fishing that the person undertook during the period.
(2) The report must include, for each day during the period, the species of fish taken by the person and the number of fish of each species.
(3) The report must be given to the advisory committee no later than 2 weeks after the last day of the fishing period.
28 Subregulation 117(1)
After “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.
29 At the end of subregulation 121(1)
Add “granted under regulation 122 as it applies in the Territory”.
30 At the end of regulation 121
Add:
(3) The Minister may exempt an individual from subregulation (2), and any other provision of these regulations that would prevent the sale of fish taken by recreational fishing.
(4) The Minister may not exempt more than 7 individuals at any time.
(5) An exemption given by the Minister under subregulation (3) only applies:
(a) in relation to fish taken from waters within 3 nautical miles of land; and
(b) in relation to the sale of those fish to a purchaser within the Territory.
31 Division 2 of Part 11
Repeal the Division.
32 Regulation 156 (table)
After “45(2),”, insert “46(1), 46(2),”.
33 Regulation 156 (table)
After “64AA(2B),”, insert “64AB, 64LA, 64U,”.
34 Part 1 of Schedule 2
Omit:
Billfish (marlins, sailfish and spearfish).
35 Part 1 of Schedule 2
Omit “and Rays, other than sharks or rays that are totally protected fish”.
36 Part 2 of Schedule 2
Repeal the Part, substitute:
Part 2—Totally protected fish
Division 1—Protected by reference to characteristics
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="2" style="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>Totally protected fish—protected by reference to characteristics</span></p></td></tr><tr><td style="width:10.08%; 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:89.92%; 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 of totally protected fish</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; 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:89.92%; 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>Female crab with eggs or spawn attached beneath its body</span></p></td></tr><tr><td style="width:10.08%; 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:89.92%; 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>Female rock lobster with eggs or spawn attached beneath its body</span></p></td></tr><tr><td style="width:10.08%; 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>3</span></p></td><td style="width:89.92%; 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>Gong gong that do not have fully formed and closed spines</span></p></td></tr></tbody></table>
The area of waters closed to fishing for Humphead Maori Wrasse (Ikan Hijau) is the area bounded by the line described in item 1 of the following table and running sequentially as described in the table.
The area of waters closed to fishing for gong gong is the area 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="border-collapse:collapse"><thead><tr><td colspan="2" style="width:404.85pt; 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 closed to fishing for gong gong—northern area</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:369.15pt; 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:369.15pt; 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 point 12°07.314′S, 096°53.032′E</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:369.15pt; 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>East along the parallel of latitude 12°07.314′S to its intersection by the meridian of longitude 096°53.638′E</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:369.15pt; 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>Southerly along the geodesic to the point 12°07.860′S, 096°53.635′E</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>4</span></p></td><td style="width:369.15pt; 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 to the point 12°07.858′S, 096°53.037′E</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>5</span></p></td><td style="width:369.15pt; 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>Northerly along the geodesic to the starting point</span></p></td></tr></tbody></table>
3 Central gong gong closure area
The area of waters closed to fishing for gong gong is the area 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="border-collapse:collapse"><thead><tr><td colspan="2" style="width:404.85pt; 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 closed to fishing for gong gong—central area</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:369.15pt; 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:369.15pt; 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 point 12°08.739′S, 096°53.559′E</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:369.15pt; 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>East along the parallel of latitude 12°08.739′S to its intersection by the meridian of longitude 096°54.160′E</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:369.15pt; 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>Southerly along the geodesic to the point 12°09.285′S, 096°54.151′E</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>4</span></p></td><td style="width:369.15pt; 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>West along the parallel of latitude 12°09.285′S to its intersection by the meridian of longitude 096°53.556′E</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>5</span></p></td><td style="width:369.15pt; 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>Northerly along the geodesic to the starting point</span></p></td></tr></tbody></table>
4 Southern gong gong closure area
The area of waters closed to fishing for gong gong is the area 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="border-collapse:collapse"><thead><tr><td colspan="2" style="width:404.85pt; 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 closed to fishing for gong gong—southern area</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:369.15pt; 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:369.15pt; 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 point 12°10.454′S, 96°53.405′E</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:369.15pt; 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>Easterly along the geodesic to the point 12°10.449′S, 96°53.990′E</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:369.15pt; 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>Southerly along the geodesic to the point 12°11.003′S, 96°53.987′E</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>4</span></p></td><td style="width:369.15pt; 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 to the point 12°11.000′S, 96°53.402′E</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>5</span></p></td><td style="width:369.15pt; 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>Northerly along the geodesic to the starting point</span></p></td></tr></tbody></table>
1 Section 38A (Extended limitation period in certain circumstances)
1.1 Subsection 38A(2):
Omit subsection (2), substitute:
(2) Where:
(a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and
(b) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
(c) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992;
that action, suit or other pending proceeding may be commenced within the period of three years commencing on 1 July 1992.
1.2 Subsection 38A(3):
Omit paragraphs (3)(a) and (b), substitute:
(a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
(b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;
1.3 Subsection 38A(4):
Omit subsection (4), substitute:
(4) Where:
(a) the period of limitation within which an action, suit or other proceeding may be brought would, but for this section, be fixed by section 38(1)(c) of this Act; and
(b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and
(c) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
(d) the period of limitation that would be applicable had the amending Act not come into operation had not expired before 1 July 1992;
that action, suit or other proceeding may be commenced within the period referred to in paragraph (d) or, if that period expires less than 3 years after the coming into operation of the amending Act, may be commenced within the period of three years after the coming into operation of that Act.
1.4 Subsection 38A(5):
Omit paragraphs (5)(a) and (b), substitute:
(a) the person who suffered the latent injury had knowledge of the relevant facts before 1 July 1992; and
(b) the period of limitation that would be applicable had the amending Act not come into operation had expired before 1 July 1992 and before the action, suit or other proceeding was commenced;
1.5 Subsection 38A(6):
Omit subsection (6), substitute:
(6) Where:
(a) the period of limitation within which an action, suit or other proceeding may be brought is fixed by section 38(1)(c) of this Act; and
(b) the cause of action arises from a person having suffered a latent injury that is attributable to the inhalation of asbestos; and
(c) the person who suffered the latent injury did not have knowledge of the relevant facts before 1 July 1992;
the period of limitation runs from the time when the person has knowledge of the relevant facts instead of the time provided by section 38.
2 Section 47A (Protection of persons acting etc)
2.1 Subsection 47A(5):
Omit paragraph (5)(b), substitute:
(b) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;
2.2 Subsection 47A(6):
Omit paragraph (6)(a), substitute:
(a) the person who suffered the latent injury had the knowledge referred to in section 38A of this Act before 1 July 1992;
2.3 Subsection 47A(7):
Omit paragraph (7)(b), substitute:
(b) the person who suffered the latent injury did not have the knowledge referred to insection 38A of this Act before 1 July 1992;
3 New section 49A
3.1 After section 49, insert:
49A Territory transition
Subject to sections 38A, 38B and 47A, nothing in this Act:
(a) affects an action or proceeding commenced before the commencement of the Territories Law Reform Act 1992; or
(b) enables an action or proceeding to be commenced or maintained which is barred by a law in force in the Territory that was repealed by the Territories Law Reform Act 1992; or
(c) subject to paragraph (b), prevents the commencement and maintenance of an action or proceeding within the time allowed by a law in force in the Territory that is repealed by the Territories Law Reform Act 1992 on a cause of action which accrued before the commencement of that Act.
Part 16A—Local Government (Constitution) Regulations 1998 (W.A.)(C.K.I.)
1 Division 4 of Schedule 2
Insert:
Shire of Cocos (Keeling) Islands
Part 17—Medical Act 1894 (W.A.)(C.K.I.)
1 New section 25
1.1 After section 24, insert:
25 Territory transition
If a medical practitioner who is required to be registered under this Act:
(a) was registered or licensed to practise as a medical practitioner under a law of a State or Territory; and
(b) practised medicine in the Territory immediately before 1 July 1992; and
(c) applies for registration under section 11 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the medical practitioner is taken to be registered under this Act until registration is granted to the medical practitioner or the application is refused.
Part 20—Navigable Waters Regulations (W.A.)(C.K.I.)
1 Section 45B
1.1 Add at the end:
(9) If a person who is required to register a vessel under these Regulations:
(a) used the vessel in the Territory immediately before 1 July 1992; and
(b) applies for registration of the vessel under these Regulations within two months of the commencement of the Territories Law Reform Act 1992;
the person is taken to be registered under these Regulations until the registration is granted or refused.
(10) The application fees specified in subregulation (3) are not required to be paid if a person applies for registration of a vessel in accordance with subregulation (9).
Part 21—Nurses Act 1968 (W.A.)(C.K.I.)
1 New section 42A
1.1 After section 42, insert:
42A Territory transition
If a person who is required to be registered under this Act:
(a) practised nursing in the Territory immediately before 1 July 1992; and
(b) applies for registration under section 20 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the person is taken to be registered under this Act until registration is granted to the person or the application is refused.
If a person who is required to be registered under this Act was registered under the Registration of Pharmacists Ordinance immediately before 1 July 1992, the person is taken to be registered under this Act:
(a) until the person’s registration under the Registration of Pharmacists Ordinance expires; or
(b) if the person applies for registration as a pharmaceutical chemist under section 21 of this Act within two months of the commencement of the Territories Law Reform Act 1992, until registration is granted to the person or the application is refused.
46B
If:
(a) premises required to be registered under this Act were being used as a pharmacy immediately before 1 July 1992; and
(b) the occupier of the premises applies for registration of the premises within two months of the commencement of the Territories Law Reform Act 1992;
the premises are taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 25—Physiotherapists Act 1950 (W.A.)(C.K.I.)
1 New section 15A
1.1 After section 15, insert:
15A Territory transition
If a person who is required to be registered under this Act:
(a) practised physiotherapy in the Territory immediately before 1 July 1992; and
(b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the person is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 26—Podiatrists Registration Act 1984 (W.A.)(C.K.I.)
1 New Section 43A
1.1 After section 43, insert:
43A Territory transition
If a person who is required to be registered under this Act:
(a) practised podiatry in the Territory immediately before 1 July 1992; and
(b) applies for registration under section 10 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the person is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 27—Police Act 1892 (W.A.)(C.K.I.)
1 New section 4A
1.1 After section 4, insert:
4A Territory transition
(1) A person who was, immediately 1 July 1992, appointed under the Police Force Ordinance 1941 of the Colony of Singapore in its application to the Territory is taken to be appointed under this Act, at the rank held under the Ordinance.
(2) The person is taken to be employed on the same terms and conditions as applied to the person immediately before that date.
Part 28—Psychologists Registration Act 1976 (W.A.)(C.K.I.)
1 New section 56A
1.1 After section 56, insert:
56A Territory transition
If a person who is required to be registered under this Act:
(a) practised psychology in the Territory immediately before 1 July 1992; and
(b) applies for registration under section 24 of this Act within two months of the commencement of the Territories Law Reform Act 1992;
the person is taken to be registered under this Act until registration is granted to the person or the application is refused.
Part 29—Public and Bank Holidays Act 1972 (W.A.)(C.K.I.)
1 Section 7 (Special public or bank holidays and half‑holidays)
1.1 Subsection 7(2):
After ‘weeks’, insert ‘, except where this is not practicable,’
2 Section 8 (Power of Governor to alter day appointed for a public holiday or bank holiday)
2.1 Subsection 8(2):
After ‘weeks’, insert ‘, except where this is not practicable,’.
2.2 Subsection 8(3):
After ‘weeks’, insert ‘, except where this is not practicable,’.
3 New section 8A
3.1 After section 8, insert:
8A Gazettal of certain public or bank holidays
A proclamation made under subsection 7(1) or 8(1) that cannot practicably be published at least 3 weeks before the day specified in subsection 7(2), 8(2) or 8(3), as the case may be, must be published in the Gazette before the day appointed or declared by the proclamation to be a public holiday or bank holiday.
4 Second Schedule
4.1 Omit the Schedule, substitute:
Second Schedule—Public Holidays and Bank Holidays
New Year’s Day (1 January)
Australia Day (26 January)
The Muslim festival day known as Hari Raya Puasa (to be appointed annually by proclamation published in the Gazette before the day so appointed)
Act of Self‑Determination day (6 April) (to be appointed annually by proclamation published in the Gazette before the day so appointed)
Good Friday
Easter Monday
Anzac Day (25 April)
The Muslim festival day known as Hari Raya Haji (to be appointed annually by proclamation published in the Gazette before the day so appointed)
The Muslim festival day known as Hari Maulad Nabi (Prophet Mohammad’s Birthday) (to be appointed annually by proclamation published in the Gazette before the day so appointed)
Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign (6 June) (to be appointed annually by proclamation published in the Gazette before the day so appointed)
Christmas Day (25 December)
Boxing Day (26 December)
If a day referred to in item 1, 2, 3, 4, 7, 8, 9 or 11 falls on a Saturday or Sunday—the immediately following Monday
If the day referred to in item 12 falls on a Saturday—the immediately following Monday
If the day referred to in item 12 falls on a Sunday or Monday—the immediately following Tuesday
Part 30—Public Trustee Act 1941 (W.A.)(C.K.I.)
1 New section 37B
1.1 After section 37A, insert:
Division (7) Powers and Duties of Public Trustee with respect to Territory Estates
37B
(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 administration of that estate is taken to be vested in the Public Trustee on 1 July 1992.
(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 31—Registration of Births, Deaths and Marriages Act 1961 (W.A.)(C.K.I.)
1 New section 75
1.1 After section 74, insert:
75 Territory transition
(1) Particulars of births and deaths registered under the Registration of Births and Deaths Ordinance before 1 July 1992 are taken to be particulars registered under section 10 of this Act.
(2) Particulars of marriages registered under the Civil Marriage Ordinance before 1 July 1992 are taken to be particulars of marriages registered under section 10 of this Act.
Part 32—Residential Tenancies Act 1987 (W.A.)(C.K.I.)
1 Section 3 (Interpretation)
1.1 Definition of clerk:
Omit the definition, substitute:
clerk means the clerk, or assistant clerk, of a local court.
Part 32A—Residential Tenancies Regulations 1989 (WA) (CKI)
1 After regulation 4
Insert:
4A Exemption for certain agreements entered into by Cocos (Keeling) Islands Shire Council
(1) A residential tenancy agreement to which this regulation applies is a prescribed agreement for the purposes of paragraph 5(2)(g) of the Act.
(2) This regulation applies to a residential tenancy agreement entered into by the Cocos (Keeling) Islands Shire Council (whether before or after the commencement of this regulation) that:
(a) is in respect of premises on land held by the Shire Council in trust under a Deed of Trust entered into between the Commonwealth of Australia and the former Cocos (Keeling) Islands Council constituted under the repealed Local Government Ordinance 1979 of the Commonwealth; and
(b) is for a term of 5 years or more.
2 Regulation 5D
Repeal the regulation.
Part 33—Registration of Deeds Act 1856 (W.A.)(C.K.I.)
1 New section 21
1.1 After section 20 , insert:
21 Territory transition
(1) A deed registered under the Registration of Deeds Ordinance 1988 as in force at any time before 1 July 1992 is taken to have been registered under this Act on the day on which it was registered under the Ordinance.
(2) Subsection (1) does not affect the order of priority of registration of the deed.
Part 34—Road Traffic Act 1974 (W.A.)(C.K.I.)
1 New sections 29A and 29C
1.1 After section 29, insert:
29A Territory savings and transition—vehicle licences
(1) The owner of a vehicle that was registered under the Road Traffic Ordinance immediately before 1 July 1992, is taken to have been granted a licence for the vehicle under this Act for the period ending when the registration period would have ended under the Ordinance if the Ordinance had not been repealed.
(2) If a person applied for registration, or renewal of registration, of a vehicle under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.
(3) If:
(a) the registration period referred to in subsection (1) expires before 1 October 1992; and
(b) the owner applies for a licence under this Act before that date;
the vehicle is taken to be licensed under this Act until the licence is granted or the application is refused.
29B
If the owner of a vehicle referred to in section 29A applies under this Act for a licence for the vehicle the application is taken to be an application for the renewal of the licence under section 18 of this Act.
2 New sections 42AA and 42AB
2.1 After section 42A, insert
42AA Territory savings and transitional—driver’s licences
(1) If a person who is required to hold a driver’s licence under this Act held a driving licence under the Road Traffic Ordinance immediately before 1 July 1992, the person is taken to be licensed under this Act until that driver’s licence expires.
(2) If a person applied for a driving licence, or renewal of a driving licence, under the Ordinance before 1 July 1992 and the application had not been granted or refused before that date, the Minister may determine the application as if the Ordinance had not been repealed.
(3) If a person’s driver’s licence expires before 1 October 1992, and the person applies for the renewal of the licence under this Act before that date—the person is taken to be licensed under this Act until the licence is granted or the application is refused.
42AB
If a person referred to in section 42AA applies under this Act for a driver’s licence, the application is taken to be an application for the renewal of a driver’s licence under section 46 of this Act.
Part 35—Road Traffic Code 1975 (W.A.)(C.K.I.)
1 Section 1307
1.1 Omit ‘1 July 1992’, substitute ‘1 January 1993.’.
2 Section 1607
2.1 After subsection (1), insert:
‘Subsection (1) is suspended until 1 January 1993.’.
Part 36—Sentencing Act 1995 (W.A.)(C.K.I.)
1 Section 9 (Statutory penalty: effect of)
1.1 Subsection 9(1):
Omit ‘Subject to subsection (4),’.
1.2 Subsections 9(2), (3), (4) and (5):
Omit the subsections, substitute:
(2) If the statutory penalty for an offence is a fine of a particular amount, or a particular term of imprisonment, that penalty is the maximum penalty that may be imposed for the offence, and a lesser penalty of the same kind may be imposed.
(3) If a written law specifies a mandatory penalty or a minimum penalty for an offence, a lesser penalty of the same kind may nevertheless be imposed.
Part 36A—Shipping and Pilotage (Ports and Harbours) Regulations 1966 (WA) (CKI)
1 Division 1 of Schedule 1A (after table item dealing with the port of Carnarvon)
Insert:
Port of Cocos (Keeling) Islands
The area of water and land described in the plan for the Port of Cocos (Keeling) Islands that is included in Division 2.
2 Division 2 of Schedule 1A (after the plan for the port of Carnarvon)
Insert:
Map showing the Port of Cocos (Keeling) Islands Shipping and Pilotage Act 1967 Port Boundary
Part 37—Standard Survey Marks Act 1924 (W.A.)(C.K.I.)
1 New section 6A
1.1 After section 6, insert:
6A Territory transition
Section 6 of this Act applies to a Permanent Survey Mark erected in the Territory before 1 July 1992 as if the Permanent Survey Mark were a standard survey mark within the meaning of that section.
Part 38—Supreme Court Act 1935 (W.A.)(C.K.I.)
1 Section 6 (The Supreme Court of Western Australia)
1.1 Repeal the section.
2 Section 7 (Constitution of the Court)
2.1 Repeal the section.
3 Section 10 (Vacancy of office, absence etc of Chief Justice)
3.1 Repeal the section.
4 Section 11 (Acting Judges)
4.1 Repeal the section.
5 Section 11A (Masters)
5.1 Repeal the section.
6 Section 11D (Vacancies, temporary appointments and acting appointments)
6.1 Repeal the section.
Part 39—Tobacco Control Act 1990 (W.A.)(C.K.I.)
1 Part 3 Western Australian Health Promotion Foundation
1.1 Repeal the Part.
Part 40—Transfer of Land Act 1893 (W.A.)(C.K.I.)
2 Section 20 (Lands alienated in fee before etc)
2.1 Omit ‘before the first day of July, one thousand eight hundred and seventy‑five’, substitute:
‘or the Commonwealth before 1 July 1992,’.
3 Section 20A (Evidence and restrictions of requisitions)
3.1 Add at the end:
(2) The Registrar may accept a copy of a document as evidence for the purposes of bringing land in the Territory under this Act.
4 New sections 20AA, 20AB and 20B
4.1 After section 20A, insert:
20AA Registrar may refuse to register an instrument
(1) Where an instrument executed on or after 1 July 1992 and purporting to convey the fee simple of land in the Territory is lodged for registration under the Registration of Deeds Act 1856 (W.A.)(C.K.I.), the Registrar of Deeds under that Act may refuse to register the instrument until the purchaser or mortgagor lodges an application in accordance with section 20.
(2) If a purchaser or mortgagor lodges an application under section 20:
(a) the mortgagee’s consent to the making of the application, in accordance with section 20, is not required; and
(b) section 34 does not apply to the application.
20AB Registrar may issue notices
(1) The Registrar of Titles may issue a notice to a person requiring the person to inform the Registrar within a specified period, not being a period of less than 30 days, whether the person claims an estate or interest in the land specified in the notice.
(2) If a person claims an estate or interest of the kind referred to in section 20, the Registrar may require the person to make an application under that section for the land to be brought under the Act.
(3) If the Registrar requires a person to make application under section 20, section 34 of this Act does not apply to the application.
(4) A person who, without reasonable excuse:
(a) fails to comply with a notice issued by the Registrar under subsection (1); or
(b) fails to make an application under section 20 when required to do so under subsection (2);
commits an offence against this Act.
20B Registrar may require a person to produce documents
(1) If a person applies to bring land in the Territory under this Act, the Registrar may, by written notice, require a person to:
(a) produce for inspection by the Registrar; or
(b) surrender to the Registrar;
any documents in the person’s possession or control that affect the land or title to the land.
(2) A person who, without reasonable excuse, fails to comply with a notice issued by the Registrar under this section commits an offence against this Act.
5 Section 22 (How applications to be dealt with etc)
32 Section 207 (Damages against the assurance fund in certain other circumstances)
32.1 Omit the section, substitute:
207
(1) A person who:
(a) was neither a party to, nor privy to, an application or dealing in relation to land in the Territory, to which the Minister exercised the powers conferred on the Minister by this Act or by The Transfer of Land Act 1874 (W.A.); and
(b) has suffered loss or damage, or will suffer loss or damage, as a result of the Minister exercising those powers;
may bring an action for recovery of damages against the Commonwealth, as nominal defendant.
(2) A person referred to in subsection (1) may bring an action for recovery of damages under that subsection without being required to pursue the remedies provided in sections 201 and 205 and without prejudice to the person’s rights under those sections.
(3) A person who:
(a) was a party to, or privy to, an application or dealing; and
(b) commences an action for recovery of damages against any other person who was a party to, or privy to, the application or dealing;
may join the Commonwealth as a nominal co‑defendant.
33 Section 208 (Persons claiming may before action etc)
33.1 Omit the section, substitute:
208
(1) A person who:
(a) has suffered loss or damage; and
(b) is entitled to commence an action for recovery of damages against the Commonwealth as nominal defendant;
may before commencing any proceedings, apply to the Minister for compensation.
(2) The Minister may admit the claim or a part of the claim.
(3) If the Minister admits the claim or any part of the claim, the Commonwealth must pay to the person any damages agreed to or admitted to by the Minister.
Part 41—Transport Co‑ordination Act 1966 (W.A.)(C.K.I.)
1 New section 20A
1.1 After section 20, insert:
20A Transitional arrangement
If a person operates a vehicle that, under this Act, is required to be licensed, and the person applies for a licence before the end of 31 March 1995, the vehicle is taken to be licensed under the Act until:
(a) a licence is granted in respect of the vehicle; or
(b) the application is refused.
Part 42—Travel Agents Act 1985 (W.A.)(C.K.I.)
1 New section 7A
1.1 After section 7, insert:
7A Territory transition
If a person who is required to hold a licence under this Act:
(a) was carrying on business as a travel agent in the Territory immediately before 1 July 1992; and
(b) applies for a licence under section 9 within two months after the commencement of the Territories Law Reform Act 1992;
the person is taken to be licensed as a travel agent under this Act until a licence is granted to the person or the application is refused.
Part 43—Valuation of Land Act 1978 (W.A.)(C.K.I.)
1 New section 25A
1.1 After section 25, insert:
25A Territory transition
If a valuation of any land in the Territory:
(a) was made before 1 July 1992 by a person:
(i) licensed under the Land Valuers Licensing Act 1978 (W.A.); or
(ii) qualified for membership as a Fellow or Associate of the Australian Institute of Valuers (Incorporated); and
(b) the value of the land has not significantly increased or decreased since the valuation;
then:
(c) the Valuer‑General may adopt that valuation as a general or interim valuation; and
(d) this Act applies to the valuation as if the valuation was a general or interim valuation made by the Valuer‑General under the Act.
(2) The Valuer‑General must not adopt a valuation of land under subsection (1) unless the land is rateable land.
Part 44—Weights and Measures Act 1915 (W.A.)(C.K.I.)
1 New section 51A
1.1 After section 51, insert:
51A Territory transition
If a person who is required to have a weight or measure or a weighing or measuring instrument stamped with a mark of verification under this Act:
(a) was using the weight, measure or instrument for trade in the Territory in the period of 6 months ending immediately before 1 July 1992; and
(b) applies for verification of the weight, measure or instrument within two months of the commencement of the Territories Law Reform Act 1992;
the weight, measure or instrument is taken to be verified and stamped under this Act until the weight, measure or instrument is inspected by an inspector under subsection 29(1) or is exempted from the operation of this Act by the Minister under subsection 29(2).
Part 45—Workers’ Compensation and Rehabilitation Act 1981 (W.A.)(C.K.I.)
1 New section 160A
1.1 After section 160, insert:
160A Territory savings and transition
If an person who is required to obtain insurance under section 160 of this Act:
(a) obtained and kept current a policy or policies of insurance or indemnity in respect of any liability the person may incur under the provisions of the Workers’ Compensation Ordinance before 1 July 1992; and
(b) the policy or policies expire on or after 1 July 1992; and
(c) the person keeps the policy or policies current until the expiry date of the policies;
the policy or policies must be taken to satisfy the requirement to obtain insurance under section 160 of this Act.
Part 46—Young Offenders Act 1994 (W.A.)(C.K.I.)
1 Section 3 (Definitions)
1.1 Definition of special order:
Omit the definition.
2 Section 58 (Responsible adult may be made liable)
2.1 Omit the section.
3 Part 7, Division 9 (Dealing with young person who repeatedly commits serious offences)
3.1 Omit the Division.
Schedule 4—Repealed applied laws
(section 6)
Building and Construction Industry Training Fund and Levy Collection Act 1990 (W.A.)(C.K.I.)
Building and Construction Industry Training Levy Act 1990 (W.A.)(C.K.I.)
Casino Control Act 1984 (W.A.)(C.K.I.)
Companies (Acquisition of Shares) (Application of Laws) Act 1981 (W.A.)(C.K.I.)
Companies (Acquisition of Shares) (Western Australia) Code (W.A.)(C.K.I)