Commonwealth Numbered Acts

TERRITORIES LAW REFORM ACT 2010 (NO. 139, 2010) - SCHEDULE 3

Cocos (Keeling) Islands Act 1955

1  Section 8G

Repeal the section, substitute:

8G   Powers and functions under the applied Western Australian laws

Vesting of powers in the Minister

             (1)  If a power is vested in:

                     (a)  a Minister of Western Australia; or

                     (b)  the Governor of Western Australia; or

                     (c)  the Governor‑in‑Council of Western Australia;

by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).

             (2)  If:

                     (a)  a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia) by a Western Australian law in force in the Territory under section 8A; and

                     (b)  subsection (1) does not apply to the power;

the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).

Delegation etc.

             (3)  If a power is vested in the Minister under subsection (1) or (2), the Minister may, in writing:

                     (a)  direct that the power is also vested in a specified person or authority; or

                     (b)  delegate the power to a specified person.

             (4)  A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the Minister in the direction, delegate the power, in writing, to a specified person.

             (5)  If:

                     (a)  a power is vested in the Minister under subsection (2); and

                     (b)  a person, or an authority, who is:

                              (i)  an officer or employee of Western Australia; or

                             (ii)  an authority of Western Australia; or

                            (iii)  an officer or employee of an authority of Western Australia;

                            is subject to an arrangement under section 8H; and

                     (c)  the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:

                              (i)  whether in the person's own right or the authority's own right; or

                             (ii)  whether in the capacity of a delegate; or

                            (iii)  whether in any other way;

the Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.

             (6)  The Minister may direct that subsection (5) does not apply to a specified power.

             (7)  A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.

Other matters

             (8)  An instrument under this section may identify a power by reference to a class of powers.

             (9)  The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in Western Australia.

           (10)  This section does not affect the operation of section 8A in relation to the application in or in relation to the Territory of a law (a subordinate law ) made under a Western Australian law, whether the subordinate law is made after this section's commencement or not.

           (11)  An instrument under this section is not a legislative instrument.

           (12)  In this section:

"authority" means:

                     (a)  a body corporate, or an unincorporated body, established for a public purpose; or

                     (b)  an authority (within the ordinary meaning of that expression).

"authority of Western Australia" means an authority established by or under a Western Australian law.

"power includes function or duty, and, in that context, exercise" means perform.

2  Subsection 8H(2)

Omit all the words after "duties", substitute:

                   by:

                     (a)  an officer or employee of Western Australia; or

                     (b)  an authority of Western Australia (within the meaning of section 8G); or

                     (c)  an officer or employee of an authority of Western Australia (within the meaning of section 8G);

in or in relation to the Territory.

3  Transitional--directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955

(1)        This item applies to a direction if:

                     (a)  the direction was given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 ; and

                     (b)  the direction was in force immediately before the commencement of this item.

(2)        The direction has effect, after the commencement of this item, as if it had been given under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.

4  Transitional--delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955

(1)        This item applies to a delegation if:

                     (a)  the delegation was made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 ; and

                     (b)  the delegation was in force immediately before the commencement of this item.

(2)        The delegation has effect, after the commencement of this item, as if it had been made under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.

5  Transitional--delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955

(1)        This item applies to a delegation if:

                     (a)  the delegation was made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 ; and

                     (b)  the delegation was in force immediately before the commencement of this item.

(2)        The delegation has effect, after the commencement of this item, as if it had been made under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955 as amended by this Schedule.