Cocos (Keeling) Islands Amendment Act 1979

No. 6 of 1979

An Act to amend the Cocos (Keeling) Islands Act 1955.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Cocos (Keeling) Islands Amendment Act 1979.

(2) The Cocos (Keeling) Islands Act 1955 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

3. Section 15 of the Principal Act is repealed and the following sections are substituted:

Grant of Australian citizenship to certain persons

“14a. A person (not being an Australian citizen) who—

(a) was, immediately before the proclaimed date, ordinarily resident in the Islands; and

(b) is ordinarily resident in Australia or an external Territory,

may make, in the prescribed manner, a declaration that he wishes to become an Australian citizen and upon registration, as prescribed, of the declaration, the person shall become an Australian citizen.

Meaning of ‘ordinarily resident’

“15. For the purposes of sections 14 and 14a, a person shall be deemed to be, or to have been, at a particular time, ordinarily resident in a place if, at that time—

(a) he has, or had, his home at that place; or

(b) that place is, or was, the place of his permanent abode notwithstanding his temporary absence at that time from that place,

but a person shall not be deemed to be, or to have been, resident at that time in that place if, at that time, he is, or was, resident in that place for a special or temporary purpose only.”.

Formal amendments

4. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 4

FORMAL AMENDMENTS

Provision	Amendment
Preamble...............	(a) Omit “four of this Act”, substitute “4”.
	(b) Omit “the first day of February, One thousand nine hundred and fifty-five”, substitute “1 February 1955”.
Section 4...............	(a) Omit “twelve degrees five minutes” from the definition of “the Islands”, substitute “12°5′”.
	(b) Omit “ninety-six degrees fifty-three minutes” from the definition of “the Islands”, substitute “96°53′”.
	(c) Omit “two of this Act” from the definition of “the proclaimed date”, substitute “2”.
Sub-section 6(1)..........	Omit “of this section”.
Sub-section 6(2)..........	Omit “the next succeeding sub-section”, substitute “sub-section (3)”.
Section 7...............	Omit “the seventh day of July, One thousand eight hundred and eighty-six”, substitute “7 July 1886”.
Sub-section 8(3)..........	Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Sub-section 8(4)..........	Omit “the last preceding sub-section”, substitute “sub-section (3)”.
Section 9...............	Omit “the last preceding section”, substitute “section 8”.
Section 10..............	Omit “Subject to the next succeeding section, an”, substitute “An”.
Sub-section 13(1)..........	Omit “fifteen”, substitute “15”.
Sub-section 13(2)..........	Omit “fifteen”, substitute “15”.
Sub-section 13(3)..........	Omit “fifteen” (wherever occurring), substitute “15”.
Sub-section 13(3a).........	(a) Omit “fifteen”, substitute “15”.
	(b) Omit “the last two preceding sub-sections”, substitute “sub-sections (2) and (3)”.
Sub-section 13(5)..........	Omit “six”, substitute “6”.
Sub-section 14(2)..........	Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Sub-section 14(3)..........	Omit “of this section”.
Sub-section 14(4)..........	(a) Omit “of this section”.
	(b) Omit “three”, substitute “3”.
	(c) Omit “six”, substitute “6”.
	(d) Omit “two”, substitute “2”.
	(e) Omit “twenty-one”, substitute “21”.
Section 20..............	(a) Omit “One hundred dollars”, substitute “$100”.
	(b) Omit “three”, substitute “3”.