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This Act may be cited as the Christmas Island Act 1958.
Part I shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
The date so fixed shall be the date on which Christmas Island is placed under the authority of the Commonwealth in pursuance of the Imperial Act entitled the Christmas Island Act, 1958.
In this Act, unless the contrary intention appears:
amended: for when an applied Western Australian law is amended, see subsection 8GA(4).
applied Western Australian law means a Western Australian law as in force in the Territory under section 8A.
authority includes a body corporate, or an unincorporated body, established for a public purpose.
Christmas Island means the Island of that name situated in the Indian Ocean in or about latitude 10˚30´ south and longitude 105˚40´ east.
constable means:
a member or special member of the Australian Federal Police; or
an officer or special officer of the police force of the Territory.
court officer of Western Australia means a person holding, or performing the functions or duties of, any of the following offices:
any of the following offices in a court of Western Australia:
Judge;
Magistrate (however described);
Master;
Registrar (however described);
Clerk (however described);
Sheriff (however described);
Bailiff (however described); or
any of the following offices in the Family Court of Western Australia:
Marshal;
Director of Court Counselling;
Collector of Maintenance; or
the office of Chairman, Deputy Chairman or nominee member of the Worker’s Compensation Board of Western Australia; or
any other office in respect of a court of Western Australia, being an office specified in the regulations.
court of Western Australia means any of the following courts or tribunals:
the Supreme Court of Western Australia;
the District Court of Western Australia;
the Family Court of Western Australia;
a Court of Petty Sessions of Western Australia;
a Local Court of Western Australia;
a coroners’ court of Western Australia;
the Children’s Court of Western Australia;
the Workers’ Compensation Board of Western Australia;
any other court or tribunal specified in the regulations.
jurisdiction includes powers.
laws of the Territory or laws in force in the Territory means the laws in force in the Territory as mentioned in section 7.
Ordinance means an Ordinance made under this Act.
power includes a function or duty, and, in that context exercise means perform.
prison includes a lock‑up or other place of lawful detention.
Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.
Sheriff means the Sheriff, or a Deputy Sheriff, of the Territory.
State includes a Territory other than the Territory.
the police force of the Territory includes any police force empowered to provide police services under a law in force in the Territory.
the proclaimed date means the date fixed by Proclamation under subsection 2(2).
the Supreme Court means the Supreme Court of the Territory.
the Territory means the Territory of Christmas Island.
Western Australian law: see subsection 8A(6).
In this Act, a reference to an Act is a reference to the whole or a part of that Act, or to the whole or a part of a law made under that Act.
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 8A.
Christmas Island is declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth and shall be known as the Territory of Christmas Island.
All property, rights and powers in or in connexion with Christmas Island which, immediately before the proclaimed date, were held or enjoyed by or on behalf of the Queen in right of the United Kingdom or of the Colony of Christmas Island, or by or on behalf of the Government of the United Kingdom or of the Colony of Christmas Island, shall, from and including that date, be deemed to be held or enjoyed by or on behalf of the Commonwealth.
Subject to subsection (3), all liabilities and obligations incurred before the proclaimed date by or on behalf of the Government of the United Kingdom, the Government of the Colony of Singapore or the Government of the Colony of Christmas Island in or in connexion with Christmas Island and subsisting immediately before that date shall, from and including that date, be deemed to have been incurred by or on behalf of the Commonwealth.
Subsection (2) does not apply to or in relation to liabilities or obligations of the Government of the United Kingdom or of the Colony of Singapore for or in respect of:
the servicing or repayment of public loans raised by the Government of the Colony of Singapore;
the payment of pensions or retiring allowances in respect of service in Christmas Island;
the repayment of deposits with the Christmas Island branch of the Post Office Savings Bank of the Colony of Singapore or interest on those deposits; or
the meeting of deficiencies in assets of the Central Provident Fund of the Colony of Singapore required by the Central Provident Fund Ordinance of that Colony to be met out of the general revenues of that Colony.
In this section, property includes movable and immovable property.
On and after 1 July 1992, the laws in force in the Territory from time to time are:
Acts as in force from time to time in or in relation to the Territory on and after that day; and
Ordinances made on or after that day as in force from time to time; and
laws as in force in the Territory in accordance with section 8; and
applied Western Australian laws.
To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force.
A law in force in the Territory immediately before 1 July 1992 is repealed unless it is specified in the Schedule.
Subject to subsection (3), a law that is specified in the Schedule (including any instruments made under that law) as in force in the Territory immediately before 1 July 1992 continues to be in force in the Territory on and after that day.
A law specified in the Schedule may be amended or repealed by an Ordinance.
In this section:
instruments includes regulations, rules and by‑laws.
law:
includes a principle or rule of common law or equity; and
does not include an Act.
Subject to this section, section 8G and Part IVA, Western Australian laws are in force in the Territory.
A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)).
To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by an Ordinance or a law made under an Ordinance.
An Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.
To the extent that a law is in force in the Territory under subsection (1), it has no effect so far as it is inconsistent with the Constitution or an Act or Ordinance.
For the purpose of subsection (4), a law is consistent with the Constitution or an Act or Ordinance if the law is capable of operating concurrently with it.
A Western Australian law:
is a law in force in Western Australia from time to time; and
includes a principle or rule of common law or equity that is part of the law of Western Australia; and
does not include:
a Commonwealth Act or a provision of a Commonwealth Act; or
an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.
The Minister must cause a list of Acts of the Western Australian Parliament (WA Acts) to be prepared and tabled in each House of the Parliament for the following periods:
the period of 3 months beginning on 1 July 1992; and
each subsequent period of 6 months.
The list must specify the names of all WA Acts that are wholly or partly in force in the Territory under section 8A on the day specified in the list, and have not been specified in a previous list under this section. The specified day must be not more than 14 days before the day on which the list is to be tabled.
The list must include WA Acts whose operation has been suspended in accordance with subsection 8A(3).
The list must be tabled in each House of the Parliament before the end of the period to which the list relates. However, if the House concerned does not sit during any day in the last month of the period, the list may be tabled in that House within the next 15 sitting days of that House.
In this section:
terminate means terminate the operation of a WA Act in the Territory.
WA Act means an Act of the Western Australian Parliament that is specified in a list tabled under section 8B, or part of such an Act.
WA Acts list means a list prepared and tabled in a House of the Parliament under section 8B.
If:
a notice of a motion to terminate a WA Act has been given in a House of the Parliament:
within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or
if section 8D applies to that WA Act—within 3 months after that list was tabled; and
that House passes a resolution to terminate the WA Act;
then the WA Act is terminated from the time when the resolution was passed.
If:
a notice of a motion to terminate a WA Act has been given in a House of the Parliament:
within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or
if section 8D applies to that WA Act—within 3 months after that list was tabled; and
at the expiration of 15 sitting days after the notice was given:
the notice has not been withdrawn and the motion has not been called on; or
the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
then the WA Act is terminated from the expiration of that period of 15 sitting days.
If, before the expiration of 15 sitting days after notice of a motion to terminate a WA Act specified in a WA Acts list has been given in a House of the Parliament (the notice House):
the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
at the time of the dissolution, expiry or prorogation:
the notice has not been withdrawn and the motion has not been called on; or
the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
subsections (2) and (3) apply as if the WA Acts list had been tabled in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation.
The termination of a WA Act under subsection (2) or (3) has the same effect as the repeal of that WA Act, as a law of the Territory, by an Ordinance.
If:
a WA Act (the terminated Act) is terminated under subsection (2) or (3); and
the terminated Act repealed, in whole or in part, another WA Act or any other law that was in force in the Territory immediately before the terminated Act came into force in the Territory under section 8A;
the termination of the terminated Act has the effect of reviving that other WA Act or law from and including the date of the termination, as if the terminated Act had not come into force in the Territory.
A notice of a motion, or a resolution, for the purposes of this section may relate to the termination of more than one WA Act.
This section provides for an extension of time for giving a notice of a motion (the termination notice) in a House of the Parliament to terminate one or more WA Acts that are specified in the first WA Acts list that is required by section 8A to be tabled in that House.
If:
within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and
that House passes a resolution to extend the period;
the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.
If:
within 15 sitting days after tabling of the WA Acts list in a House of the Parliament, a notice of a motion (the extension notice) is given in that House to extend the period for giving the termination notice in relation to one or more WA Acts specified in the extension notice; and
at the expiration of 15 sitting days after the extension notice has been given in that House:
the notice has not been withdrawn and the motion has not been called on; or
the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the termination notice may be given in that House within 3 months after the tabling of the WA Acts list in that House.
If a notice of a motion (the extension notice) is given in a House of the Parliament (the notice House) for the purpose of obtaining an extension under subsection (2) or (3) but, before the expiration of 15 sitting days after the extension notice is given:
the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
at the time of the dissolution, expiry or prorogation:
the extension notice has not been withdrawn and the motion has not been called on; or
the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the following provisions apply:
the extension notice is taken to have been given in the notice House on the first sitting day of that House after the dissolution, expiry or prorogation;
the termination notice may be given in that House within the first 15 sitting days of that House after the dissolution, expiry or prorogation.
In this section, terminate, WA Act and WA Acts list have the same meanings as in section 8C.