Commonwealth Consolidated Acts

COCOS (KEELING) ISLANDS ACT 1955 - SECT 8C

  (1)   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.

  (2)   If:

  (a)   a notice of a motion to terminate a WA Act has been given in a House of the Parliament:

  (i)   within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or

  (ii)   if section   8D applies to that WA Act--within 3 months after that list was tabled; and

  (b)   that House passes a resolution to terminate the WA Act;

then the WA Act is terminated from the time when the resolution was passed.

  (3)   If:

  (a)   a notice of a motion to terminate a WA Act has been given in a House of the Parliament:

  (i)   within 15 sitting days after the tabling in that House of the WA Acts list specifying that WA Act; or

  (ii)   if section   8D applies to that WA Act--within 3 months after that list was tabled; and

  (b)   at the expiration of 15 sitting days after the notice was given:

  (i)   the notice has not been withdrawn and the motion has not been called on; or

  (ii)   the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;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.

  (4)   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 ):

  (a)   the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

  (b)   at the time of the dissolution, expiry or prorogation:

  (i)   the notice has not been withdrawn and the motion has not been called on; or

  (ii)   the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;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.

  (5)   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.

  (6)   If:

  (a)   a WA Act ( the terminated Act ) is terminated under subsection   ( 2) or (3); and

  (b)   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.

  (7)   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.