Indian Ocean Territories (Administration of Laws) Act 1992
Western Australia
Indian Ocean Territories (Administration of Laws) Act 1992
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Interpretation 2
Part 2 — Arrangements with Commonwealth
Arrangements relating to exercise of powers by State authorities 4
Arrangements relating to exercise of jurisdiction by State courts 4
Part 3 — State authorities authorised to exercise powers in Territories
State authority may exercise powers in Territory 6
Keeping of records 6
Funds and accounts 6
Exemption from, and modification of, laws 7
Part 4 — Jurisdiction of State courts and State judicial officers in relation to Territories
Interpretation 8
State courts and State judicial officers may exercise jurisdiction in Territories 9
Conduct of proceedings 9
State court and State judicial officers may sit in this State or Territory 9
Transferred proceedings 10
Orders as to costs in proceedings before transfer 10
Keeping of court records 10
Part 5 — Miscellaneous
Regulations 11
Notes
Compilation table 12
Defined terms
Western Australia
Indian Ocean Territories (Administration of Laws) Act 1992
An Act to authorise State authorities to exercise powers, perform functions and duties and provide services in or in relation to the Territories of Christmas Island and the Cocos (Keeling) Islands, to enable State courts and State judicial officers to exercise jurisdiction in or in relation to those Territories, and to authorise the State and State authorities to enter into arrangements with the Commonwealth for those purposes.
Part 1 — Preliminary
1. Short title
This Act may be cited as the Indian Ocean Territories (Administration of Laws) Act 1992 1.
2. Commencement
(1) This Act, other than Part 4, comes into operation on the day on which it receives the Royal Assent 1.
(2) The provisions of Part 4 come into operation on a day to be fixed by proclamation 1.
3. Interpretation
In this Act, unless the contrary intention appears —
arrangement means an arrangement entered into by the State or a State authority with the Commonwealth under Part 2;
law in force in the Territory means —
(a) in relation to the Territory of Christmas Island, any law that forms part of the “laws in force in the Territory” as that expression is defined in the Christmas Island Act 1958 of the Commonwealth; or
(b) in relation to the Territory of Cocos (Keeling) Islands, any law that forms part of the “laws in force in the Territory” as that expression is defined in the Cocos (Keeling) Islands Act 1955 of the Commonwealth;
State authority means —
(a) the Governor in Executive Council;
(b) a Minister of the Crown in right of the State;
(c) a department of the Public Service of the State;
(d) an agency, authority or instrumentality established under a written law of the State;
(e) a person holding or exercising the powers of an office established under a written law of the State;
(f) an officer or employee of —
(i) an agency, authority or instrumentality referred to in paragraph (d); or
(ii) a person referred to in paragraph (e);
(g) an officer appointed, or a person employed, under any other written law of the State;
(h) any other person or entity prescribed to be a State authority for the purposes of this Act;
State court means a court or other tribunal of this State;
State judicial officer means a Judge, master, registrar, magistrate (however described), justice, coroner or other member or officer of a State court;
Territory means —
(a) the Territory of Christmas Island; or
(b) the Territory of Cocos (Keeling) Islands.
Part 2 — Arrangements with Commonwealth
4. Arrangements relating to exercise of powers by State authorities
(1) The State, or a State authority with the approval of the Minister, may enter into arrangements with the Commonwealth for —
(a) the exercise of any power or the performance of any function or duty in or in relation to a Territory;
(b) the provision of any service in or in relation to a Territory; or
(c) any other purpose related to the application or administration in or in relation to a Territory of a law in force in the Territory.
(2) An arrangement may contain such provisions as the parties think fit and, without limiting the generality of the foregoing, may provide for —
(a) funding of the State or a State authority in respect of the exercise of any power, the performance of any function or duty or the provision of any service in or in relation to a Territory;
(b) the Commonwealth to indemnify the State or a State authority in respect of any liability incurred in the exercise of any power, the performance of any function or duty or the provision of any service in or in relation to a Territory.
(3) An arrangement may be varied or revoked in the manner provided in the arrangement.
5. Arrangements relating to exercise of jurisdiction by State courts
(1) The State may enter into arrangements with the Commonwealth relating to the exercise by State courts and State judicial officers of jurisdiction in or in relation to a Territory.
(2) An arrangement may contain such provisions as the parties think fit and, without limiting the generality of the foregoing, may provide for the Commonwealth to meet the cost of State courts and State judicial officers exercising jurisdiction in or in relation to a Territory.
(3) An arrangement may be varied or revoked in the manner provided in the arrangement.
Part 3 — State authorities authorised to exercise powers in Territories
6. State authority may exercise powers in Territory
(1) A State authority may —
(a) exercise any power or perform any function or duty in or in relation to a Territory that is vested in, or delegated to, the State authority under a law in force in the Territory; and
(b) provide any service in or in relation to a Territory that the State authority has agreed to provide under an arrangement.
(2) Subsection (1) has effect notwithstanding any other provision in a written law of the State to the contrary.
7. Keeping of records
Where a State authority exercises any power, performs any function or duty or provides any service in or in relation to a Territory that involves the keeping of records, then, unless the contrary intention appears in a law in force in the Territory or an arrangement, those records may be kept and administered by the authority as part of any records of the State that are kept under a corresponding law of the State or for a corresponding purpose.
8. Funds and accounts
Where a State authority exercises any power, performs any function or duty, or provides any service in or in relation to a Territory that involves the establishment or maintenance of any fund or account, then, unless the contrary intention appears in a law in force in the Territory or an arrangement, the authority may use any fund or account in this State that is kept under a corresponding law of the State or for a corresponding purpose.
9. Exemption from, and modification of, laws
(1) The Governor may by order —
(a) exempt a State authority from complying with any provision of a written law of the State in so far as the State authority is exercising any power, performing any function or duty or providing any service in or in relation to a Territory; or
(b) modify the effect of any provision of a written law of the State in so far as that provision applies to or in relation to a State authority exercising any power, performing any function or duty or providing any service in or in relation to a Territory.
(2) An order under subsection (1) is “subsidiary legislation” for the purposes of the Interpretation Act 1984.
(3) Section 42 of the Interpretation Act 1984 applies to and in relation to an order under subsection (1) as if the order were a regulation.
Part 4 — Jurisdiction of State courts and State judicial officers in relation to Territories
10. Interpretation
In this Part, unless the contrary intention appears —
jurisdiction includes powers and functions;
law of the Commonwealth includes any law in force in the Territory;
Territory court means —
(a) in relation to the Territory of Christmas Island —
(i) the Supreme Court of the Territory constituted under the Christmas Island Act 1958 of the Commonwealth;
(ii) the Magistrate’s Court of the Territory established by the Magistrate’s Court Ordinance 1958 of the Territory; or
(iii) the Children’s Court of the Territory established by the Children’s Court Ordinance 1972 of the Territory;
and
(b) in relation to the Territory of Cocos (Keeling) Islands —
(i) the Supreme Court of the Territory established by the Supreme Court Ordinance 1955 of the Territory; or
(ii) the Magistrate’s Court of the Territory established by the Courts Ordinance of the Colony of Singapore (in its application to the Territory).
11. State courts and State judicial officers may exercise jurisdiction in Territories
A State court and a State judicial officer may —
(a) exercise any jurisdiction in or in relation to a Territory that is conferred on or vested in the State court or State judicial officer under a law of the Commonwealth; and
(b) hear and determine any proceeding that is transferred to the State court or State judicial officer from a Territory court under a law of the Commonwealth.
12. Conduct of proceedings
Unless the contrary intention appears in a law of the Commonwealth, the rules of evidence, practice and procedure applicable to a State court or State judicial officer exercising any jurisdiction, or hearing and determining any proceeding, referred to in section 11, are the rules of evidence, practice and procedure in force from time to time in relation to that State court or State judicial officer in this State.
13. State court and State judicial officers may sit in this State or Territory
(1) Unless the contrary intention appears in a law of the Commonwealth, a State court or a State judicial officer may in exercising any jurisdiction, or hearing and determining any proceeding, referred to in section 11, sit in this State or in a Territory.
(2) Subsection (1) has effect notwithstanding any other provision in a written law of the State to the contrary.
14. Transferred proceedings
Where a proceeding (whether completed or uncompleted) is transferred from a Territory court to a State court or a State judicial officer under a law of the Commonwealth —
(a) any documents filed of record in the Territory court in the proceeding and transmitted to the State court shall be taken to have been filed of record in the State court;
(b) any money lodged in the Territory court in relation to the proceeding and transferred to the State court shall be taken to have been lodged with the State court; and
(c) everything done in or in relation to the proceeding in the Territory court shall be taken to have been done in the State court.
15. Orders as to costs in proceedings before transfer
Where a proceeding is transferred to a State court or State judicial officer from a Territory court under a law of the Commonwealth, the State court or State judicial officer may make an order as to costs that relates to the conduct of the proceeding before the transfer if those costs have not already been dealt with by the Territory court.
16. Keeping of court records
Where a State court receives any documents filed of record in a Territory court and transferred to the court under a law of the Commonwealth then, unless the contrary intention appears in a law of the Commonwealth, those documents may be kept together with any court documents of this State.
Part 5 — Miscellaneous
17. Regulations
The Governor may make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Notes
1 This is a reprint as at 7 May 2004 of the Indian Ocean Territories (Administration of Laws) Act 1992. The following table contains information about that Act and any reprint.
Compilation table
Short title
Number and year
Assent
Commencement
Indian Ocean Territories (Administration of Laws) Act 1992
54 of 1992
10 Dec 1992
Act other than Pt. 4: 10 Dec 1992 (see s. 2(1)); Pt. 4: 29 Jun 1993 (see s. 2(2) and Gazette 25 Jun 1993 p. 3067)
Reprint 1: The Indian Ocean Territories (Administration of Laws) Act 1992 as at 7 May 2004
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
arrangement 3
jurisdiction 10
law in force in the Territory 3
law of the Commonwealth 10
State authority 3
State court 3
State judicial officer 3
Territory 3
Territory court 10
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