Cocos (Keeling) Islands Applied Laws Ordinance 1992

If a person who is required to register a business name under this Act:

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

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2.1 Sections 6 to 18 (inclusive) are repealed.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:

the territorial sea adjacent to the Territory; and

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:

that occurred in the Territory or the coastal sea; or

where the body is in the Territory or the coastal sea; or

the cause of which occurred in the Territory or the coastal sea; or

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:

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

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:

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:

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:

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:

For subsection (1), a return must:

be in a form approved by the Commissioner; and

contain the information required by the Commissioner.

6 Section 34 (Interpretation)

6.1 Add at the end:

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: